Grimes' Estate v. Norris
California Supreme Court
Appeal from the Probate Court of San Francisco County. This appeal is prosecuted from an order of the Prohate Court of San Francisco, revoking the probate of a will.
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Appeal from the Probate Court of San Francisco County. This appeal is prosecuted from an order of the Prohate Court of San Francisco, revoking the probate of a will. Eliab Grimes, a naturalized citizen of Mexico, died in Yerba Buena on the 7th of November, 1848. On the 23d of August, 1851, Hiram Grimes, his nephew, presented to the County Court of San Francisco certain documents, purporting to be the will of the deceased, and two codicils thereto, which were admitted to probate on the 12th of September, 1851. In 1852, the heirs of Eliab Grimes came in and applied to have the order of the 12th…
1Opinion of the Court
Mr. Chief Justice Murray, after stating the facts, delivered the opinion of the Court.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
It will be unnecessary, for the purposes of this decision, to pass upon many of the arguments so ably adduced by the respondents, in favor of the judgment below, as we are satisfied that the case must go off on a preliminary point of jurisdiction, leaving the parties to their remedy at law or in equity, as the case may be, on its final merits.
It will be observed that the will became executed by the death of the testator, in 1848, prior to the passage of…
2Cited by6 opinions
- Ingoldsby v. JuanCalifornia Supreme Court · 1859
- Downer v. SmithCalifornia Supreme Court · 1864
- People ex rel. Vantine v. SenterCalifornia Supreme Court · 1865
- Hardy v. HarbinU.S. Circuit Court for the District of Northern California · 1865
- Hardy v. HarbinU.S. Circuit Court for the District of California · 1870
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