Cory v. Hyde

Citations

• 49 Cal. 469

Syllabus

<p>Deobbe of Specific Pebfobmahce by Pkobate Coubt.—If the statute authorizes the Probate Court to compel an administrator to execute a conveyance of real estate, in a case where the intestate had contracted in writing to convey it, the petition asking for a decree compelling the administrator to convey, must state that the contract was in writing, in order to give the Probate Court jurisdiction.</p> <p>Idem.—Section 1597 of the Code of Civil Procedure does not empower the Probate Court to direct an administrator to perform specifically a contract for the conveyance of land made by his intestate, unless the contract of the intestate was in writing.</p> <p>Idem.—The words “ and in all cases where such decedent, if living, might be compelled to make such conveyance,” inserted in such section by way of amendment to section 205 of the old Probate Act, do not extend the jurisdiction of the Probate Court to cases where there was no contract in writing.</p> <p>Idem.—The question of the extent of equitable jurisdiction which may be conferred on the Probate Court, as collateral to the main objects for which that Court is created, not decided.</p>