Legal Opinion

Estate of Obernolte v. Caskey

California Court of Appeal

Decided March 28, 1979No. Civ. 54402PublishedCited by 3 opinions

1Opinion of the Court

Opinion

COBEY, Acting P. J.

Dona Wilson appeals from an order denying her petition for revocation of the probate of a will of Jennie Vessels Obernolte, deceased, executed some two months before her death on December 21, 1974. The appeal lies. (Prob. Code, § 1240.)

The fundamental issue on this appeal is whether there was before the trial court substantial evidence to support its key finding of fact “[t]hat [it] is equally probable that if decedent’s copy of Will was destroyed, it was destroyed by someone other than the decedent.” We conclude that there was and we will therefore affirm.

Facts

On…

2Cases cited7 opinions

  1. Estate of Bristol v. YoungCalifornia Supreme Court · 1943
  2. People v. PreslieCalifornia Court of Appeal · 1977
  3. Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
  4. Gorman v. TaylorCalifornia Supreme Court · 1926
  5. Russi v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1945

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Farr v. County of NevadaCalifornia Court of Appeal · 2010
  2. Lauermann v. Superior CourtCalifornia Court of Appeal · 2005
  3. Matter of Estate of LanglieCourt of Appeals of Minnesota · 1984

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