Estate of Cunningham
California Supreme Court
Appeal from an order revoking the probate of a will and letters testamentary, in the Probate Court of San Francisco. Payne, J. Mary Cunningham, wife of Patrick Cunningham, died in July, 1876, leaving a will in the custody of ¡Rev. Hugh P. Gallagher, by the terms of which the bulk of the estate was left to relations of the deceased living in the Eastern States. H. P. Gallagher, who was named in the will as executor, presented the will for probate.
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Appeal from an order revoking the probate of a will and letters testamentary, in the Probate Court of San Francisco. Payne, J. Mary Cunningham, wife of Patrick Cunningham, died in July, 1876, leaving a will in the custody of ¡Rev. Hugh P. Gallagher, by the terms of which the bulk of the estate was left to relations of the deceased living in the Eastern States. H. P. Gallagher, who was named in the will as executor, presented the will for probate. The husband of the deceased opposed the probate of the will, and offered for probate a document bearing date December 14th, 1870. Issues were raised…
1Opinion of the Court
Department No. 1, by the Court (from the Bench):
It is urged by counsel for appellant, that the respondents were estopped from prosecuting their petition for a revocation of the probate of the will of December 14th, 1870, by the order and judgment of the Probate Court, based upon the verdict in favor of that will. But it seems that on the trial before the jury, by whom the will of December, 1870, was upheld, (as well as at the previous jury trial) the respondents were represented only by an attorney appointed by the Court. If they were parties contesting the will at the former trials, the…
2Cited by3 opinions
- Tracy v. MuirCalifornia Supreme Court · 1907
- In Re Estate of LuxCalifornia Supreme Court · 1901
- Estate of Dalton, Superior Court of California, County of San Francisco1899