Clay v. Wall

Citations

• 122 Cal. 528
• 55 P. 328
• 1898 Cal. LEXIS 625

Syllabus

<p>Estates of Deceased Persons—Order for Distribution—Premature Appeal—Dismissal.—An appeal from an order for distribution of the estate of a deceased person appended to the findings of fact and conclusions of law, filed upon a contest of heirship, before the entry at large in the minutes of a decree describing the property distributed, is premature, and must be dismissed.</p> <p>Id.—Premature Petition of Heir—Pendency of Final Account—Dismissal of Petition.—A petition of an heir for a final distribution of the estate not filed with the final account of the administrator, but pending and previous to its final settlement, is prematurely filed under section 1605 of the Code of Civil Procedure, and cannot confer jurisdiction upon the court to make distribution thereunder, but should be dismissed.</p> <p>Id.—Determination of Heirship—Jury Trial.—It seems that issues raised in a proceeding to determine the question of heirship are a proper subject for a jury trial.</p>