Docket No. L.A. 11307. July 29, 1929. PROCEEDING in Mandamus to compel the Superior Court of Los Angeles to grant family allowance to surviving husband. Harry R. Archbald, Judge. Writ denied. The facts are stated in the opinion of the court. E.W. Cunningham for Petitioner. Hewitt, McCormick Crump for Respondents. CURTIS, J. Petitioner herein applied to the probate court of the county of Los Angeles for a family allowance out of the estate of his deceased wife. The petition was denied, and petitioner
S. F. No. 7647. December 19, 1916. APPEAL from an order of the Superior Court of Alameda County refusing a family allowance. W.S. Wells, Judge. The facts are stated in the opinion of the court. A.J. Treat, Paul A. Myers, and Wm. B. Kollmyer, for Petitioner. Allen L. Chickering, Warren Gregory, and Winfield Dorn, for Respondent Executors. W.H. Gorrill, for Respondent Pacific Unitarian School for the Ministry. MELVIN, J. On April 19, 1913, Francis Cutting and Alice Duren entered into a contract with
S. F. No. 8178. Department One. October 11, 1917. APPEAL from an order of the Superior Court of Fresno County. Geo. E. Church, Judge. The facts are stated in the opinion of the court. Frank Kauke, for Appellant. Everts Ewing, and M.G. Gallagher, for Respondents. SHAW, J. This is an appeal by Susie McSwain, as the administratrix of the estate of Walter S. McSwain, and also as the widow and heir at law of said deceased, from an order made by the superior court in the course of administration of said
Department Two Hearing In Bank Denied. Appeals from an order of the Superior Court of the City and County of San Francisco directing the payment of a family allowance and from a decree of partial distribution. COUNSEL: A family allowance is a provision of a peculiar character, and intended for the present support of the family. It cannot be permitted to accumulate as a fund, and is waived by laches and the failure to demand it. (Barnum v. Boughton , 55 Conn. 117; Adams v. Adams, 10 Met. 170; Drew