In re Estate of McDevitt
California Supreme Court
Appeal from a judgment of the Superior Court of the • city and county of San Francisco, from orders refusing a new trial, and refusing to dismiss the cause for failure to have judgment entered within six months from the date of the verdict. The facts in regard to the contest of the will are stated in the opinion.
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Appeal from a judgment of the Superior Court of the • city and county of San Francisco, from orders refusing a new trial, and refusing to dismiss the cause for failure to have judgment entered within six months from the date of the verdict. The facts in regard to the contest of the will are stated in the opinion. On the motion to dismiss the judgment, the affidavit of the contestant showed that he, had paid the clerk’s fee for entering the judgment, and that the judgment was signed at the date of the verdict, August 11, 1889, and that the clerk was requested to enter it, and that he supposed…
1Opinion of the Court
Temple, C.
This proceeding is to contest the will of decedent, and the appeal is taken by the beneficiaries under the will from a judgment in favor of the contestants, from an order refusing a new trial, and from an order refusing to dismiss the proceeding on the ground that the judgment was not entered within six months after its rendition.
Charles McDevitt died on the 28th of February, 1890, at the age of sixty-five years. The will in question was executed September 27, 1889.
The testator, at the time this will was executed, was an invalid, suffering from internal cancer, from which he finally…
2Cases cited1 opinion
- Waterman v. . WhitneyNew York Court of Appeals · 1854
3Cited by134 opinions
- Peterson v. LoganCalifornia Supreme Court · 1940
- In Re the Estate of ArnoldCalifornia Supreme Court · 1905
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Snowball v. SnowballCalifornia Supreme Court · 1910
- Jenkins v. AndersonCalifornia Supreme Court · 1921
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