← Cases

Blackwell v. Superior Court of Stanislaus Cty.

185 Cal. 605 Court Cal. Decision date 1921-05-02 Docket Sac. No. 3257 English

Contents

Majority

p. 605
[Sac. No. 3257.
In Bank.
May 2, 1921.]
In the Matter of the Estate of GLENN C. RELPH, Deceased. IDA BLACKWELL, Petitioner, v. SUPERIOR COURT OF STANISLAUS COUNTY et al., Respondents.

Headnote

[1] Estates op Deceased Persons—Granting Letters op Administration—Adjudication op Residence.—An order of the superior court granting letters of administration is an adjudication of the fact of residence of the deceased in the county over which the court has jurisdiction, binding upon the whole world, unless vacated or set aside on direct attack, for all the purposes of the administration of the estate of the deceased, including the probate of any subsequently produced will.
APPLICATION for a Writ of Mandamus directed to the Superior Court of Stanislaus County to compel respondent to proceed with the probate of a will. Writ denied.
The facts are stated in the opinion of the court.
J. B. Curtin for Petitioner.

[1] The court is of the opinion that under the well-settled law of this state the order of the superior court of San Joaquin County, granting letters of administration, was an adjudication of the fact of residence of the deceased in that county, binding upon the whole world, unless vacated or set aside on direct attach, for all the purposes of the administration of the estate of the deceased, including the probate of any subsequently produced will.

The application for a writ of mandate to compel the superior court of Stanislaus County to proceed in the matter of the alleged will of the deceased is, therefore, denied.

All the Justices concurred.