Curtis v. Underwood

Citations

• 101 Cal. 661
• 36 P. 110
• 1894 Cal. LEXIS 1096

Syllabus

<p>Probate oe Will—Publication of Notice—Continuance of Hearing— Notice to Heirs—Jurisdiction,—The superior courts have jurisdiction of the subject matter on the probate of wills, and when notice has been duly given by publication to absent and unknown heirs, this substituted service gives to the court jurisdiction over their persons as fully as is given by service of a summons in an ordinary civil action, and the hearing of the cause may be continued for the purpose of procuring service of summons upon the heirs within the state, whose places of residence were known, without the necessity of republishing the notice.</p> <p>Id.—Jurisdiction—Postponement of Hearing.—The jurisdiction to hear and determine a cause or proceeding involves the power to postpone, for good cause, the time of hearing, unless prohibited by the statute.</p> <p>Id.—Final Decision—Failure to Appeal.—Where the notice of the probate of a will required by the code has been given and served, the court requires jurisdiction to hear and determine as to the probate of the will, and if the will is admitted to probate, and no appeal is taken from the order, its action becomes final and conclusive upon the parties.</p> <p>Id.—Contest of Will—Estoppel of Widow.—Where a will declares all of the property of the testator to be his separate property, and bequeathes a specified sum to his widow as well as an allowance pending the closing of the estate; and the property has been distributed by a decree to which the widow was a party, she, having received all the benefits provided in the will for her, is estopped from contesting its validity.</p>