Legal Opinion

In re the Estate of Wood

California Supreme Court

Decided October 15, 1868PublishedCited by 24 opinions

Appeal from the Probate Court of Sierra County. On the 27th day of May, 1868, Robert C. Beatie petitioned he Probate Court of Sierra County to admit to probate the instrument hereafter mentioned, as the last will and testament of H. F. Wood, deceased. Alfred Wood, a brother oí deceased, filed his written objections to the probate of the will.

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Appeal from the Probate Court of Sierra County. On the 27th day of May, 1868, Robert C. Beatie petitioned he Probate Court of Sierra County to admit to probate the instrument hereafter mentioned, as the last will and testament of H. F. Wood, deceased. Alfred Wood, a brother oí deceased, filed his written objections to the probate of the will. On the trial the testimony of the subscribing witnesses was to the effect that on the 5th day of February, 1863, the testator, H. F. Wood, was in San Francisco, at the American Exchange Hotel, and in the publieoffice of the hotel signed the instrument,…

1Opinion of the Court

By the Court, Sawyer, C. J. :

This is an appeal from the judgment of the Probate Court of Sierra County, refusing to admit to probate the following instrument, claimed to be the last will and testament of F. H. Wood, deceased, viz:

*80“I wish five thousand dollars to go to John C. Cole, in the event of my dying intestate, and the balance of my property to be held by Robert C. Beatie, to be disposed of by him as his judgment may dictate.

H. F. WOOD.

“ San Francisco, Cal., February 5th, 1863.
“ Witness: S. H. Seymour, Wm. H. Ladd.”

The only question is, whether this is a will or not. The execution of it…

2Cases cited2 opinions

  1. Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
  2. Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825

3Cited by24 opinions

  1. Estate of AkeleyCalifornia Supreme Court · 1950
  2. In Re Estate of TooleyCalifornia Supreme Court · 1915
  3. Mitchell v. DonohueCalifornia Supreme Court · 1893
  4. Estate of KarkeetCalifornia Supreme Court · 1961
  5. State v. SelixCalifornia Supreme Court · 1961

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