Parent v. Lloyd

Citations

• 15 Cal. App. 287

Syllabus

<p>Estates of Deceased Persons—Order Fixing Place of Interment of Decedent—Order Refusing to Vacate not Appealable—Dismissal.-—-Where an order of the superior court fixed a place for the interment of the body of the decedent which had been deposited in a vault, and providing for a monument over the grave, an order refusing to vacate that order is not appealable, and an appeal therefrom must be dismissed.</p> <p>Id.—Nonappealable Order.—There is no authority for an appeal in any probate matter not found in subdivision 3 of section 963 of the Code of Civil Procedure, and an attempted appeal from an order not therein found is abortive, and must be dismissed.</p> <p>Id.—Order Directing Place of Interment not Appealable.—Even the original order directing the place of interment and providing for the expense of a monument is not appealable under the statute, any more than the order refusing to vacate it.</p> <p>Id.—Excess of Jurisdiction not Affecting Right of Appeal.—The fact, if it be true, that the court exceeded its jurisdiction in making the original order cannot have the effect to make a nonappealable order appealable.</p> <p>Id.—Remedy for Excess of Jurisdiction.—The remedy of the parties dissatisfied with the jurisdiction of the court to make the original order would lie on a direct attack upon the court’s action on that ground.</p> <p>Id.—Jurisdiction ob Probate Court not Exceeded.—It was the duty of the executors, under the circumstances appearing, to initiate and prosecute appropriate proceedings providing for final and permanent disposition of the remains of their testator, and equally the duty of the court upon a proper showing, which we must presume to have been made, to make an order authorizing the executors to execute that duty. The wish of the deceased and his widow cannot affect or interrupt the court’s power or jurisdiction to make the order.</p>