McCrea v. Haraszthy

Citations

• 51 Cal. 146

Syllabus

<p>Obdeb of Publication of Notice by Pbobate Goubt.-—If the statute fixes the number of days that a notice of the time of application to the Probate Court for probating a will and issuing letters testamentary shall be published, the order directing the publication of such notice need not direct how often the notice shall be published, if it requires the publication to be made according to the statute.</p> <p>Peobating Wills.—If one only of two or more executors named in a will petitions for its admission to probate, and no citation is served on the others named as executors, and it does not appear that such others are residents of the county where the petition is filed and therefore are required to be cited, it will not be assumed, for the purpose of invalidating the proceedings admitting the will to probate, that such others were residents of the county where the petition was filed.</p> <p>Idem.—The question not decided, whether, on a petition by one of several, named as executors in a will, for its admission to probate, the failure to cite the others where they reside in the county, leaves the court without jurisdiction to probate it.</p> <p>Signing Minutes of Pbobate Goubt.—The statute of May 1, 1851, requiring the orders and decrees of the Probate Court to be entered at length in the minute-book, and to be signed by the judge, is directory merely, as it is entirely silent as to the consequences to follow from a failure of the judge to sign.</p> <p>Final Disohabge of Exeoutob fbom his Teust.—The allowance of the final account of an executor does not discharge him from his trust, nor is it a decree of distribution or the equivalent of such a decree. Until the entry of a decree discharging an executor from liability, he is not discharged from his trust.</p> <p>Ejectment by Devisee Named in a Will.—A devisee named in a will cannot maintain ejectment for land devised to him therein until the final discharge of the executor from his trust, and a distribution of the es