gno.law

Estate of White

California Supreme Court · No. 5829 · 1878-07-01 · Published · 53 Cal. 19

Estate of JEFF. WHITE

Area
probate

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

By the Court :

Sec. 1396 of the Code of Civil Procedure provides that when letters have been issued without bond, a bond may nevertheless be subsequently required, when it appears from any cause necessary or proper.

Sec. 1401 provides that a sworn petition may be presented setting forth waste by the executor, and praying that he • be required to give bond, and that, when such petition is filed, the powers of the executor may be suspended until the matter can be heard and determined. This’section in no way conflicts with sec. 1396, which gives the Probate Court the general power to require a bond in- proper cases.

Order affirmed.

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