Estate of Corwin

Citations

• 61 Cal. 160
• 1882 Cal. LEXIS 573

Syllabus

<p>Estates op Deceased Persons—Appeal—Order Directing Conveyance op Real Estate—Appealable Order.—An order directing or refusing to direct a conveyance of real estate by an executor or administrator under Sections 1597 et seq., C. C. P., is appealable.</p> <p>Id.—Id.—Executor or Administrator—Undertaking.—Upon an appeal by an executor or administrator (who has given an official undertaking) from an order made in the administration of the estate an undertaking on appeal is unnecessary.</p> <p>Id.—Id.—Bill or Exceptions—Record.—Appeal (taken November 24, 1879), from an order of the Probate Court directing a conveyance of real estate. Held: The case was properly brought up by bill of exceptions. Id.—Conveyance or Real Estate—Specific Performance.—A proceeding under Sections 1597 et seq,, C. C. P., to compel a conveyance of real estate a is one for the specific performance of a contract in the Probate Court.</p> <p>Id.—Id.—Id.—Parties.—It was not the intention of the statute to vest in the Probate Court more extensive power than was administered by a Court of Equity; and therefore where it appears in such a proceeding that there are third parties interested in the controversy and who, were the proceeding in equity, would be necessary parties, the petition should be dismissed. So held in a case where the petition showed that the administrator had conveyed the premises to a third person under an order of Court before the petition -was filed.</p>