Legal Opinion

Estate of Sbarboro

Superior Court of California, County of San Francisco

Decided November 18, 1879No. 8751Published

1Opinion of the Court

Testator by his will gave all his property to his niece.

Petitioner claims to be his illegitimate child, adopted by him, and that she is entitled to have the entire estate, she not being referred to in the will.

Mr. and Mrs. Byrne, husband and wife, resided together during a year preceding the birth of petitioner. Both testified that she was the child of Mrs. Byrne, but not of Mr. Byrne; that they occupied the same bed, but that no more intimate personal relationship existed during the year. Mrs. Byrne testified that testator was the father of the child. Byrne admitted that he had been unchaste…

2Cases cited4 opinions

  1. Cornell v. MoultonNew York Supreme Court · 1846
  2. Price v. WhitmanCalifornia Supreme Court · 1857
  3. Bell v. SackettCalifornia Supreme Court · 1869
  4. Young v. WhitcombNew York Supreme Court · 1866

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