In re Spencer
California Supreme Court
Appeal from an order of the Superior Court of Sonoma County denying a new trial in a contest over the probate of a will. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
— This is an appeal from a probate order denying a motion for a new trial in a contested will case. Counsel for respondents argue very elaborately that the said order is not appealable; but although the provisions of the code about appeals from probate orders are not as clear as they might be, it must be held as settled practice since the decision in the Estate of Bauquier, 88 Cal. 302, that when there has been a regular contest over the probate of a will, an appeal lies from an order denying a motion for a new trial.
Mary C. Spencer died in January, 1888. In September, 1884, she made a will,…
2Cases cited5 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In re BauquierCalifornia Supreme Court · 1891
- Levitzky v. CanningCalifornia Supreme Court · 1867
- Estate of Briswalter v. HellmanCalifornia Supreme Court · 1887
- Green v. Ophir Copper, Silver, & Gold Mining Co.California Supreme Court · 1873
3Cited by45 opinions
- Estate of PerkinsCalifornia Supreme Court · 1925
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Estate of DolbeerCalifornia Supreme Court · 1906
- Nolan v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1938
- In re Estate of RedfieldCalifornia Supreme Court · 1897
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