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Scarlett v. Lamarque

Supreme Court of California
Jan 1, 1855
5 Cal. 63 (Cal. 1855)

Opinion

         Appeal from the County Court of Nevada County.

         COUNSEL:

         Alexander Anderson, for Appellant.

          Dibble & Thayer, for Respondents.


         JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

         OPINION

          HEYDENFELDT, Judge

         Under the statute regulating estates of deceased persons, the seventh classification of persons entitled to administer, comprising " any other of the next of kin who would be entitled to share in the distribution of the estate," must be construed to mean the next of kin capable of inheriting, or who would be entitled to distribution if there were no nearer kindred.

         The decree of the Probate Court is reversed, and the cause remanded.


Summaries of

Scarlett v. Lamarque

Supreme Court of California
Jan 1, 1855
5 Cal. 63 (Cal. 1855)
Case details for

Scarlett v. Lamarque

Case Details

Full title:St. George Scarlett, Appellant, v. B. L. Lamarque,&others, Respondents

Court:Supreme Court of California

Date published: Jan 1, 1855

Citations

5 Cal. 63 (Cal. 1855)

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