de Auguisola v. de Arnaz

Citations

• 51 Cal. 435
• 1876 Cal. LEXIS 75

Syllabus

<p>Jubisdictiox of Pbobate Cooet.—Probate Courts have exclusive jurisdiction to compel an executor to account for the personal property of the estate which has come into his hands, whether it be such as the testator-owned at the time of his death, or the proceeds of other property of the estate sold by the executor under a power in the will, or the proceeds of real estate owned by the testator and also sold by the executor under a power in the will.</p> <p>Idem.—District Courts have no jurisdiction to compel an executor to render an account in such cases.</p> <p>Idem.—Probate Courts have also exclusive jurisdiction of the final distribution of the estates of decedents.</p> <p>Idem.—If the real estate which the testator owns at the time of his death is devised by will to his children, and an executor is appointed with full power to sell, and he sells the real estate and converts it into money, the Probate Court has exclusive jurisdiction to compel him to account.</p> <p>Executob with Poweb to Sell.—If the testator devises his real estate to his children, and, in his will, appoints an executor to whom he gives full power to sell his real estate, the executor does not hold the title to such real estate in trust for the devisees.</p>