In re Estate of Murphy — 128 Cal. 339

Majority

p. 339

[S. F. No. 2218.

In Bank.

April 5, 1900.]

In the Matter of the Estate of LAWRENCE MURPHY, Deceased.

Headnote

Appeal—Estates of Deceased Persons—Vacating Decree of Distribution.—An order vacating a decree of final distribution of the estate of a deceased person is not appealable, and an appeal taken therefrom will be dismissed.

APPEAL from an order of the Superior Court of the City •and County of San Francisco vacating a decree of final distribution of the estate of a deceased person. James M. Troutt, Judge.

The facts are stated in the opinion of the court,

James Taylor Rogers, for Appellants.

p. 340

Barrett & (TGara, for Respondents.

This is a motion to dismiss an appeal taken by certain interested parties from the order of court vacating the decree of final distribution theretofore granted in the matter of the estate of Lawrence Murphy, deceased, upon the ground that the order of vacation is not an appealable order.

That such an order is not an appealable order was decided by this court in Estate of Calahan, 60 Cal. 232 . That decision has remained unquestioned and unchallenged for eighteen years. It has been consistently upheld by this court whenever the question has arisen. (Estate of Dean, 62 Cal. 613 ; Lutz v. Christy, 67 Cal. 457 ; Estate of Cahalan, 70 Cal. 604 ; In re Wiard, 83 Cal. 619 ; In re Bauquier, 88 Cal. 302 -13; In re Walkerly, 94 Cal. 352 ; In re Smith, 98 Cal. 636 ; Iversen v. Superior Court, 115 Cal. 28 ; Estate of Wittmeier, 118 Cal. 255 ; Estate of Hickey, 121 Cal. 378 .) We are satisfied with the reasoning of these cases and the conclusions there expressed.

The appeal is therefore dismissed.

Cases cited

Estate of Calahan 60 Cal. 232 Cal. 1882-03-15 p. 340
In re the Estate of Dean 62 Cal. 613 Cal. 1882-04-20 p. 340
Lutz v. Christy 67 Cal. 457 Cal. 1885-09-24 p. 340
In re the Estate of Cahalan 70 Cal. 604 Cal. 1886-09-03 p. 340
In re the Estate of Wiard 83 Cal. 619 Cal. 1890-04-30 p. 340
In re Bauquier 88 Cal. 302 Cal. 1891-03-18 p. 340
In re Estate of Walkerly 94 Cal. 352 Cal. 1892-04-26 p. 340
In re the Estate of Smith 98 Cal. 636 Cal. 1893-07-11 p. 340
In re the Estate of Wittmeier 118 Cal. 255 Cal. 1897-09-13 p. 340
In re Estate of Hickey 121 Cal. 378 Cal. 1898-07-01 p. 340