In re the Estate of Heldt

Citations

• 98 Cal. 553
• 33 P. 549
• 1893 Cal. LEXIS 956

Syllabus

<p>Estates of Decedents—Appointment of Administbatob—Time fob Appeal— Dismissal.—An appeal from a judgment or order appointing an administrator and denying a counter-application for such appointment, not taken within sixty days after its entry, is not taken in time and will be dismissed.</p> <p>Id.—Motion fob New Tbial—Heabinq of Ex pabte Applications fob Lettebs without Issues Joined—Dismissal of Appeal.—A motion for a new trial is not authorized in a case where ex parte applications for letters of administration are heard together, when no issues are joined as to any fact alleged in either petition, nor as to the right or competency of either of the parties to act as administrator ; and an appeal from an order denying a new trial in such a case will be dismissed.</p> <p>Id.—Findings__No findings are required upon the hearing of such petitions, where no issues are joined upon either petition.</p>