In re Estate of Cobb
California Supreme Court
Appeal from the Probate Court, County of Santa Clara. Mary Cobb, on the 16th day of June, 1873, made her will, in which she stated that she was living separate and apart from her husband, Samuel Cobb, and that she had, as her separate property, $3,600. The will then proceeded as follows: “ I desire and direct that out of my said estate that all of my just debts, including funeral expenses, to be fully paid and discharged.
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Appeal from the Probate Court, County of Santa Clara. Mary Cobb, on the 16th day of June, 1873, made her will, in which she stated that she was living separate and apart from her husband, Samuel Cobb, and that she had, as her separate property, $3,600. The will then proceeded as follows: “ I desire and direct that out of my said estate that all of my just debts, including funeral expenses, to be fully paid and discharged. “From the residue of my estate, after the payment of my debts, I hereby make and direct my executors hereinafter named, to pay the following bequests, viz: “Five hundred…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. The Court proceeded to hear the petition for the probate of the will, without proof of service of notice upon the heirs of the testatrix, in accordance with the requirements of section 1306 of the Code of Civil Procedure—several of the heirs not appearing to the proceeding. This was error.
2. The instrument offered being evidently of a testamentary character, upon application to admit it to probate, the inquiry is only as to the mental condition of the testatrix; whether she was acting under duress, menace, fraud, or undue influence; whether the will was duly…
2Cited by15 opinions
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Estate of PlautCalifornia Supreme Court · 1945
- Low v. LowCalifornia Supreme Court · 1945
- Estate of FayCalifornia Supreme Court · 1904
- In Re Estate of CookCalifornia Supreme Court · 1916
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