Grady v. Porter

Citations

• 53 Cal. 680

Syllabus

<p>Stipulation in Probate Court.—The Probate Court has power to enforce the terms of a stipulation entered into by parties litigant before it in reference to a subject-matter of which the Court has jurisdiction.</p> <p>Estoppel by Judgment of Probate Court.—The contestants of a will entered into a stipulation with the proponent thereof, and by the terms of the stipulation the contestants were, in effect, substituted as legatees and devisees—the proponent being the executor. The stipulation was duly filed, and was made the basis of the subsequent proceedings in the Probate Court. The final account of the executor was settled without opposition, the estate was fully distributed, and the executor finally discharged. Subsequently the contestants sued the executor for property alleged to have been wrongfully omitted from the inventory: held, that the final settlement under the stipulation was an estoppel.—[Reporter.]</p>