McCrea v. Haraszthy
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Sonoma. Ejectment to recover a tract of land near Sonoma, containing about one thousand acres, commenced May 12, 1809. The defendants were severally in possession of parcels of the tract.
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Appeal from the District Court, Seventh Judicial District, County of Sonoma. Ejectment to recover a tract of land near Sonoma, containing about one thousand acres, commenced May 12, 1809. The defendants were severally in possession of parcels of the tract. James D. Galbraith was the owner of an undivided one-half of the tract, and made a will, in which lie devised an undivided one-half of his interest to his sister, Mrs. Wood, and the remaining undivided one-half to Tully McCrae, Alice McCrae, Percy McCrae, the plaintiff, and Walter McCrae, children of his sister. Samuel B. Newman, of…
1Opinion of the Court
By the Court:
1. The first question for consideration is as to whether the Probate Court had jurisdiction to admit the will of Galbraith to probate, and issue letters testamentary thereon to Hayes. The will, naming Hayes and others as executors, had come to the custody of the court, and Hayes had filed a petition in due form, praying that it be admitted to probate, and that letters testamentary issue thereon to himself. The court, on the 20th of July, 1854, by order duly entered on the minutes, fixed the 31st day of that month as the time for hearing the application, and directed notice…
2Cases cited2 opinions
- Wells v. StoutCalifornia Supreme Court · 1858
- Meeks v. KirbyCalifornia Supreme Court · 1873
3Cited by11 opinions
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- Clary v. ClaryCalifornia Supreme Court · 1896
- Thomas v. DriscollCalifornia Court of Appeal · 1940
- Abbott v. City of San DiegoCalifornia Court of Appeal · 1958
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
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