McCrea v. Haraszthy

51 Cal. 146 ·

Supreme Court of California

Published · citable

Holding

The court held that the Probate Court had properly exercised jurisdiction in admitting a will to probate and issuing letters testamentary, that the failure of a probate judge to sign the court’s minute-book was a directory rather than a jurisdictional requirement, and that an executor’s trust continues until a formal decree of discharge is entered, barring a devisee’s independent action against the executor.

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