MIDDLEBROOK v. SUPERIOR COURT LOS ANGELES COUNTY (1941)

Supreme Court of California.

Lillian MIDDLEBROOK, Individually and as Administratrix, etc., Petitioner, v. SUPERIOR COURT of LOS ANGELES COUNTY et al., Respondents.

No. 18000.

Decided: December 31, 1941

George Appell and Harry A. Mock, both of Los Angeles, for petitioner Lillian Middlebrook. C. H. Hartke and Freeman R. Brant, both of Los Angeles, for Clifford L. Perkins.

In an original proceeding, a writ of certiorari was issued to review an order made by the probate court in the matter of the estate of Ella Wallace Perkins, deceased, requiring the administratrix to repossess property which had been delivered to her, Rose Dunlap Franklin, and Jessie W. Chapman pursuant to a judgment which was later modified. The controversy turns upon the right of Clifford L. Perkins to that property. As it has been decided in Estate of Perkins, 120 P.2d 658 that he is not entitled to any part of the estate, the order is annulled.

EDMONDS, Justice.

GIBSON, C. J., and SHENK, CURTIS, and TRAYNOR, JJ., concurred.

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