Estate of Crosby

Citations

• 55 Cal. 574
• 1880 Cal. LEXIS 326

Syllabus

<p>Estates oe Deceased Persons—Findings.—\Whenever issues of facts are tried \by the Probate Court, findings of fact are proper. *</p> <p>Id.—Claims.-E. P. It., administrator of an estate, presented to the Probato Judge, for allowance, a claim against the estate, based, in part, upon a promissory note executed to him by the deceased, and, in part, upon a judgment against the deceased in favor of one E. It., of which E. P. E. was the equitable owner, but of which no assignment had been made to him, and the claim was allowed by the Judge. Upon a subsequent application for the sale of real estate, it was objected to the claim, that the judgment had never been assigned to E. P. B., and that the claim was not accompanied by a certified or other copy of the judgment. Held, that the claim was properly presented in the name of E. P. B., and that under the law as it stood, at the time it was presented, It was not necessary that it should be accompanied by a copy of the judgment.</p> <p>Id.—Sale oe Eeal Estate—Lapse oe Time—Laches.—Courts o'f Probate have the power, audit is their duty, to refuse an order for the sale of real estate, where there lias been such delay in malting the application as to amount to laches. So held, (upon the facts stated in the opinion) in a ease where seventeen years had elapsed from the date of the allowance of claims before the application was made.</p> <p>Id.—Id.—Id.—Statute of Limitatious.—A proceeding in the Probate Court for the sale of real estate is perhaps “ a special proceeding of a civil nature,” and, as such, subject to the limitation prescribed by § 3ti3, Code of Civil Procedure; but held, unnecessary to decide the question.</p>