Legal Opinion

Estate of Donahue

Superior Court of California, County of San Francisco

Decided May 10, 1887No. 4,796Published

The opinion of the court in this matter was rendered upon two demurrers (considered together) to an amended petition for a partial distribution of the estate. The petition; was presented by the widow of the decedent, asking to have her community rights in the property assigned and distributed to her by way of partial distribution.

Read the full summary

The opinion of the court in this matter was rendered upon two demurrers (considered together) to an amended petition for a partial distribution of the estate. The petition; was presented by the widow of the decedent, asking to have her community rights in the property assigned and distributed to her by way of partial distribution. The following quotations are made from the petition in order to give the exact language of certain important' allegations referred to in the opinion of the court: 1. As to the motive and object of the petition—“That she (petitioner) is desirous of having her share…

1Opinion of the CourtCoffey, J.

Annie Donahue, widow of Peter Donahue, deceased, on the fifth day of February, 1887, filed her amended petition in this court, praying for a partial distribution to her of one-half of all of certain property described in said petition claimed by her to be community property. To this petition, on the eleventh day of February, were interposed two separate demurrers on behalf severally of J. Mervyn Donahue, and Mrs. Mary Ellen Yon Schroeder, devisees named in the last will of said Peter Donahue, deceased.

GEOUNDS OF THE DEMUBBEES.

The points of both demurrers are the same: 1. The insufficiency of…

2Cases cited10 opinions

  1. Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
  2. Meyer v. KinzerCalifornia Supreme Court · 1859
  3. Smith v. SmithCalifornia Supreme Court · 1859
  4. Murphy v. O'ConnorCalifornia Supreme Court · 1904
  5. Rough v. SimmonsCalifornia Supreme Court · 1884

5 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