Keller v. De Franklin

Citations

• 5 Cal. 432

Syllabus

<p>The Probate Court has jurisdiction to try and determine issues of fact arising in proceedings before it.</p> <p>The issues of fact joined in the Probate Court, and which are sent to the District Court for trial, are of that class upon which the Probate Judge is unwilling to pass his judgment, or where from great conflict of evidence, a reasonable doubt must exist in his mind as to which side has the right.</p> <p>Rule fifty, established by this Court, requiring the Probate Judge, when an issue of fact is joined, to certify it for trial to the District Court, is intended to be limited to cases proper for such action,</p> <p>The discretion of the Probate Court in this matter, is subject to review by the Supreme Court, and in case of gross abuse would be corrected.</p>