McNeil v. First Congregational Soc'y of S.F.

Citations

• 66 Cal. 105
• 4 P. 1096
• 1884 Cal. LEXIS 702

Syllabus

<p>Eoreign Laws—Change of Sovereignty.—Upon the conquest or cession of foreign territory the laws of the former sovereign will prevail, until they are abolished or supplanted by others enacted by the new sovereign.</p> <p>Mexican Law—Estates of Deceased Persons—Administration.—The property of a person who died intestate, after the organization of the State government, but before there was any legislation by the State-regulating the administration, descent, and distribution of estates of deceased persons, descended in accordance with and was subject to the laws of Mexico as they existed at the time of the cession of California to the United States.</p> <p>Id.—Estate of Intestate—Succession.—Under the Mexican law, on the death of an intestate, the heirs succeeded immediatly to the estate, and became responsible for the debts of the decedent, and no administration could be had.</p> <p>Id.—Probate Court—Alcalde Courts.— The Probate Court was never made the successor of courts of first instance, or Alcalde Courts, as to matters pending before them relating to the administration of estates.</p> <p>Guardjan—Minor—Foreign Guardianship.— A guardian of a minor appointed in another State cannot, by virtue of such appointment, convey the real estate of the ward situated in this State.</p> <p>Partnership —Surviving Partner—Partnership Lands—Conveyance.—A surviving partner cannot convey by deed the title of a deceased partner to his interest in lands belonging to the partnership.</p> <p>Id.—Bona Fide Purchaser.—One who acquires the legal title to the interest of a decedent in land which had been partnership property of the decedent and another, takes it free from all trusts or equities in favor of the surviving partner, of which the purchaser had no notice at the time of his purchase.</p>