61 P. 475 | Cal. | 1900
The transcript shows two appeals by A.C. Freese, administrator of the above estate — one from an order of the court made September 26, 1898, and filed on the 30th of said month, settling the final account of the administrator; and the other, made and filed at the same time, setting apart the residue of the estate to the minor heirs, William E. Hickey and Francis T. Hickey. No objection is made to the correctness of these orders, provided the court had jurisdiction to make them; but the contention of appellant is that the court had theretofore, on December 21, 1896, made its order and decree settling the final account and distributing the estate; that it had subsequently made an order setting aside and annulling the said former order and decree, and that the order setting aside the same was without jurisdiction and invalid; and that, therefore, the court had no jurisdiction to make the orders appealed from.
The order vacating the original order and decree was made, on motion of respondents, under section
The orders appealed from are affirmed.
*17Temple, J., and Henshaw, J., concurred.