Legal Opinion

In re Estate of Rand

California Supreme Court

Decided October 3, 1882No. 8417PublishedCited by 20 opinions

Appeal, by George Babcock as executor, and Mary Ann Babcock as devisee, from judgment of the Superior Court of the County of Alameda. Crane and Greene, JJ. Proceedings for the revocation of the probate of a,will. Cyrus A. Pomeroy, as an heir at law on the twenty-ninth day of September, 1881, filed a petition for the revocation of the probate, on the ground that the paper was not the olographic will of the deceased.

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Appeal, by George Babcock as executor, and Mary Ann Babcock as devisee, from judgment of the Superior Court of the County of Alameda. Crane and Greene, JJ. Proceedings for the revocation of the probate of a,will. Cyrus A. Pomeroy, as an heir at law on the twenty-ninth day of September, 1881, filed a petition for the revocation of the probate, on the ground that the paper was not the olographic will of the deceased. Issue having been joined, and after trial the Court below found the following facts: 1. That the document filed in this Court on the twenty-ninth day of June, A. D. 1881, by George…

1Opinion of the Court

The Court :

A paper, of which the following is a copy, was admitted to probate as an olographic will, viz.:

“In the Name of God. Amen.
“ I, Augustus C. Rand, of the City and County of San Francisco, State of California, of the age of seventy-six years, and being of sound and disposing mind, and not under any restraint or the influence or representation of any person whatever, do malic, publish, and declare this my last will and testamentan manner following, that is to say:
“ First. I direct that my body be decently buried, without undue ceremony or ostentation, but with proper regard to my…

2Cited by20 opinions

  1. Estate of BernardCalifornia Supreme Court · 1925
  2. Thorn v. California Academy of SciencesCalifornia Supreme Court · 1920
  3. In re Estate of BillingsCalifornia Supreme Court · 1884
  4. Estate of Bower (1938)California Supreme Court · 1938
  5. De Caccia v. BarringtonCalifornia Supreme Court · 1928

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