Hi all, I have questions regarding California civil dispute in Fresno Superior Court in 1952 before Judge Popovich, according to a 1952 article in the Fresno Bee newspaper. I don't know the case name but it was probably something like Katherine M. Atwood (first named plaintiff--I don't know who she was), et al vs. Mrs. Commilla Elwood, et al. I don't know the disposition of the case. It probably was not a case of record (not published in any court reporter). The article� named as plaintiffs deceased descendants (including my great grandmother, who died in 1933) of a deceased man, George Wiseman (1837-1909), who in 1899 helped to discover oil in Kern River and whose descendants would have been entitled to receive royalties from oil company shares were they living. The defendant, Mrs. Commilla Elwood, was the spouse of another deceased man, Burton Elwood, who helped to discover the oil, and in 1939 all the discovers pooled their shares and assigned them to Burton in trust that he would make appropriate distributions, which he did. However, at his death his wife said the trust arrangement was good only during his lifetime and that she need not distribute any royalties to the others. Of George Wiseman's entitled descendants only two were living in 1952, but others, including my great grandmother, were named as plaintiffs. 1. Can deceased descendants be named plaintiffs in a lawsuit? 2.� I suppose if I wrote Fresno County Superior Court I could gain information about the complaints and responses, and disposition, right? Sharon Whitney � � � �

Yes, you should order the file. I haven't seen a newer case involving deceased plaintiffs, but I have seen a court case in 1804 that involved a deceased defendant. I figured they hoped his estate would pay the debt. I ordered a court file from Santa Clara Superior Court, but I called them first to determine the process. I know they required a letter, but I don't remember if they told me how much copying would cost and thus I included payment at the same time. I had a case file number also because that it what was entered on the Missouri birth certificate which allowed a change in birth year. Patti On Mon, Dec 29, 2014 at 11:18 AM, sharon via < [email protected]> wrote: > > > > Hi all, > I have questions regarding California civil dispute in Fresno Superior > Court in 1952 before Judge Popovich, according to a 1952 article in the > Fresno Bee newspaper. I don't know the case name but it was probably > something like Katherine M. Atwood (first named plaintiff--I don't know > who she was), et al vs. Mrs. Commilla Elwood, et al. I don't know the > disposition of the case. It probably was not a case of record (not > published in any court reporter). > The article named as plaintiffs deceased descendants (including my great > grandmother, who died in 1933) of a deceased > man, George Wiseman (1837-1909), who in 1899 helped to discover oil in > Kern River and whose descendants would have been entitled to receive > royalties from oil company shares were they living. > The defendant, Mrs. Commilla Elwood, was the spouse of another deceased > man, Burton Elwood, who helped > to discover the oil, and in 1939 all the discovers pooled their shares and > assigned them to Burton in trust that he would make appropriate > distributions, which he did. However, at his death his wife said the trust > arrangement was good only during his lifetime and that she need not > distribute any > royalties to the others. > Of George Wiseman's entitled descendants only two were living in 1952, but > others, including my great grandmother, were named as plaintiffs. > 1. Can deceased descendants be named plaintiffs in a lawsuit? > 2. I suppose if I wrote Fresno County Superior > Court I could gain information about the complaints and responses, and > disposition, right? > Sharon Whitney > > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word > 'unsubscribe' without the quotes in the subject and the body of the message >