Legal Opinion

In Re the Estate of Arnold

California Supreme Court

Decided August 30, 1905No. L.A. No. 1719PublishedCited by 114 opinions

APPEAL from a judgment of the Superior Court of San Diego County granting a nonsuit and dismissal of a contest of a will, and from orders admitting the will to probate and appointing executors. N. H. Conklin, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

The contestants of the will of Harriet M. Arnold, deceased, appeal from a judgment of the court below granting a nonsuit and dismissing the proceedings in opposi- - tion to the probate of the will of the deceased, executed April 25, 1903, and from the subsequent orders admitting said will to probate and appointing executors. The appellants assign as errors the granting of the motion for nonsuit, and a number of rulings excluding and admitting evidence.

We think the judgment of nonsuit was erroneous. In determining whether or not in a proceeding to contest a will, the evidence produced by the…

2Cases cited20 opinions

  1. In re Estate of McDevittCalifornia Supreme Court · 1892
  2. Tyler v. . GardinerNew York Court of Appeals · 1866
  3. Coghill v. KennedySupreme Court of Alabama · 1898
  4. De La Cuesta v. CalkinsCalifornia Supreme Court · 1896
  5. Freese v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1903

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

3Cited by114 opinions

  1. Estate of LancesCalifornia Supreme Court · 1932
  2. Teel v. GaskillCalifornia Supreme Court · 1944
  3. Scott v. TownsendTexas Supreme Court · 1914
  4. Adkins v. BrettCalifornia Supreme Court · 1920
  5. Estate of DolbeerCalifornia Supreme Court · 1906

109 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