Legal Opinion

Estate of Toomes

California Supreme Court

Decided July 1, 1880No. 6,179PublishedCited by 30 opinions

Appeal from an order refusing to revoke the probate of a will, in the Probate Court of Alameda County, hi ye, J. The facts are stated in the opinion.

1Opinion of the Court

In bank, Morrison, C. J.:

On the first day of August, 1877, a petition was filed in the Probate Court of the County of Alameda, by certain persons therein named, for the revocation of the probate of the will of Mary Isabella Toomes, deceased, and for the cancellation of letters testamentary granted by said Court, upon such probate, to one John S. Butler. The grounds set forth in said petition are: “ 1st, that said will was a forged instrument; 2nd, that the said Mary Isabella Toomes was not, at the date of said pretended will, of sound disposing mind or memory, nor free from undue influence;…

2Cases cited6 opinions

  1. De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
  2. Fairchild v. BascombSupreme Court of Vermont · 1862
  3. Spanagel v. DellingerCalifornia Supreme Court · 1869
  4. Tullis v. KiddSupreme Court of Alabama · 1847
  5. Wheaton v. WheatonSupreme Court of Connecticut · 1831

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3Cited by30 opinions

  1. Wilson v. StateSupreme Court of Alabama · 1942
  2. Estate of DolbeerCalifornia Supreme Court · 1906
  3. Perkins v. Sunset Tel. and Tel. Co.California Supreme Court · 1909
  4. People v. DavisCalifornia Supreme Court · 1965
  5. Cloud v. Market Street Railway Co.California Court of Appeal · 1946

25 more not listed; retrieve them via the Exa API.

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