Legal Opinion

Estate of McCauley

California Supreme Court

Decided January 27, 1903No. S.F. No. 3128PublishedCited by 40 opinions

' The facts are stated in the opinion. Tirey L. Ford, Attorney-General, and E. Myron Wolf, for Appellant. The will was republished as of the date of the codicil, and it operates as if then wholly executed as a new will. (Civ. Code, sec. 1287; Payne v. Payne, 18 Cal. 302; In re Ladd, 94 Cal. 670; Van Cortlandt v. Kip, 1 Hill, 590; Harvey v. Choteau, 14 Mo. 587;1 Murray v. Oliver, 6 Ired.

Read the full summary

' The facts are stated in the opinion. Tirey L. Ford, Attorney-General, and E. Myron Wolf, for Appellant. The will was republished as of the date of the codicil, and it operates as if then wholly executed as a new will. (Civ. Code, sec. 1287; Payne v. Payne, 18 Cal. 302; In re Ladd, 94 Cal. 670; Van Cortlandt v. Kip, 1 Hill, 590; Harvey v. Choteau, 14 Mo. 587;1 Murray v. Oliver, 6 Ired. Eq. 551; Brimere v. Sohier, 1 Cush. 118; Haven v. Foster, 14 Pick. 534, 540; Barker v. Bell, 46 Ala. 216, 223; Armstrong v. Armstrong, 14 B. Mon. 264, 273; Alexander v. Waller, 56 Bush, 330, 341; Barney v.…

1Opinion of the Court

CHIPMAN, C.

Jennie C. McCauley duly executed a will on February 12, 1900, in which she, among others, made several bequests to charitable institutions. On March 16, 1900, she duly executed a codicil to this will. She died April 14, 1900, twenty-eight days after the execution of the codicil. The state, by the attorney-general, filed objections and contest to the petition for final distribution, so far as concerned the charitable bequests, and prayed that they be adjudged void, and that they be distributed to the state for the support of the common schools. The trial court adjudged the said…

2Cases cited4 opinions

  1. Payne v. PayneCalifornia Supreme Court · 1861
  2. In re Estate of LaddCalifornia Supreme Court · 1892
  3. Colt v. ColtSupreme Court of Connecticut · 1865
  4. Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881

3Cited by40 opinions

  1. In Re the Estate of GreenbergNew York Court of Appeals · 1933
  2. Estate of RattrayCalifornia Supreme Court · 1939
  3. Estate of SimontonCalifornia Supreme Court · 1920
  4. In Re Estate of BradyCalifornia Supreme Court · 1915
  5. Volz v. ZangWashington Supreme Court · 1920

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API