Hyde v. St. Clair

Citations

• 149 Cal. 173

Syllabus

<p>Estates or Deceased Persons—Obdeb Refusing Partial Distribution —Service of Bill of Exceptions—\Adverse Parties. ”—A bill of exceptions to an order refusing and dismissing petitions for partial distribution by children not provided for in the will of the decedent must be served upon all \adverse parties” who appear to be such by the record, ineluding the devisees named in the will who appeared and opposed the petition and who may be affected by a reversal or modification of the order; and in the absence of such service within the time required by law the bill of exceptions cannot be considered upon appeal from the order.</p> <p>Id.—Record upon Appeal from Order—Proceedings upon Petition by Children Omitted fr'om Will—Former Judgment.—Where in the absence of a bill of exceptions the record upon appeal from the order denying and dismissing the petition by children omitted from the will for partial distribution consisted of the proceedings held upon the petition, by devisees under the will in opposition thereto, and an order, after a finding in support of an assertion by the devisees that a former similar proceeding by petitioners had terminated in a final judgment on the ground that the omission to provide for them in the will was intentional, denying and dismissing the petition,—■ such record discloses no error.</p> <p>Id.—Support op Finding as to Former Judgment—Presumption— Conclusion Justified.-—In the absence of a'bin of exceptions it must be presumed upon appeal that the finding of the court as to the former judgment was sustained by the evidence and that the former adjudication against the petitioners concluded them on this hearing. Whether issues were formally raised therein or not, the facts recited and found in the order fully justified the conclusion reached by the court.</p>