Legal Opinion

In re Estate of Tomlinson

California Supreme Court

Decided July 1, 1868PublishedCited by 2 opinions

Appeal from the Probate Court of Los Angeles County. This is an appeal by William T. Tomlinson, Sarah A. Griffith, James Tomlinson, and Henrietta Smith, the heirs at law of J. J. Tomlinson, deceased, and who contested the probate of the last will and testament of deceased. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sawyer, C. J.:

The decree admitting the will of Tomlinson, deceased, to probate in this case, clearly, cannot be sustained. Issues were framed, at the request of the parties, and sent to the District Court for trial in pursuance of sections twenty and two hundred ninety-four of the Probate Act. After the trial of these issues this Court held, in the Matter of Bowen’s Estate, 34 Cal. 682, that since the recent amendment of the Constitution, the District Courts have no jurisdiction to try such issues, and that said sections, under the Constitution, as it now stands, have become…

2Cases cited1 opinion

  1. In re Will of BowenCalifornia Supreme Court · 1868

3Cited by2 opinions

  1. Allred v. StateSupreme Court of Alabama · 1889
  2. Jamison v. JohnsonCalifornia Court of Appeal · 1951

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