In re Estate of Crooks

Citations

• 125 Cal. 459
• 58 P. 89
• 1899 Cal. LEXIS 882

Syllabus

<p>Estates of Deceased Persons—Distribution—Mortgagee of Devisee—The distribution of the estate of a deceased person cannot be made to the mortgagee of an heir or devisee, or to an assignee as security, who is not a grantee of the heir or visee. The decree must name the persons entitled under will, or by succession, or their grantees.</p> <p>Id.—Right op Mortgagee to be Heard—Intervention—Pleading.—The mortgagee has a right to be heard where his interests are affected by the decree of distribution; but no intervention should be allowed on his part, unless sustained by some pleading or statement as to the grounds on which he claims the right to be heard.</p> <p>Id.—Appeal by Mortgagee—Aggrieved Party—Insufficient Record—Dismissal.—An appeal by the mortgagee from the decree of distribution, the record upon which merely shows an offer of the mortgage in evidence, unaccompanied by a pleading or statement of facts, or by any showing that the mortgage debt was not paid, and does not show that the mortgagee is an aggrieved party, must be dismissed.</p>