Pyatt v. Brockman
California Supreme Court
Pyatt v. Brockman, 6 Cal. 418 (Cal. 1856)
Heydenfeldt
Pyatt v. Brockman
Opinion of the Court
Mr. Chief Justice Murray concurred.
This is a proceeding which is totally unauthorized, and the petitioners have no right whatever to the fund they seek. It is the money of Hiram Smith, Jr., and must remain his until he dies, or disposes of it. The duty of Brockman is to pay it into the State Treasury, where it must remain until the owner comes to reclaim it, or in case of his death, it is claimed by his representatives.
The order of the Probate Court is reversed.
Reference
- Full Case Name
- PYATT v. BROCKMAN
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- The Probate Court has no power to direct that the portion of an estate of an intestate, originally allotted to one of heirs-at-law, a non-resident, shall be distributed among the other heirs, if the non-resident heir shall fail to appear and claim it within a year. The money should be paid into the State Treasury, where it must remain until claimed by the owner, or in case of his death, by his representatives.