Legal Opinion

Langan v. Langan

California Supreme Court

Decided December 20, 1887No. 12142PublishedCited by 6 opinions

Appeal from an order of the Superior Court of Merced County setting aside a judgment. The proceeding was instituted by Thomas F. Langan for the probate of the will of Honora Langan.

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Appeal from an order of the Superior Court of Merced County setting aside a judgment. The proceeding was instituted by Thomas F. Langan for the probate of the will of Honora Langan. John A. Langan and others opposed the admission of the will to probate, and filed a contest, in which they alleged as grounds of opposition: 1. That the instrument was not the last will of the deceased; 2. That the deceased, at the time of signing the alleged will, was not of sound mind; 3. That the deceased did not sign the will, nor was it signed by any person in her presence or under her direction, and that she…

1Opinion of the Court

Belcher, C. C.

This is an appeal from an order vacating and setting aside a judgment.

The question grows out of the contest of a will, in which several special issues were framed and tried before a jury. The jurors returned a general verdict in favor of the contestants, and found for them on the issues numbered 3 and 7, and against them on those numbered 5 and 6; and they disagreed and returned no verdict on those numbered 1, 2, and 4.

Upon the verdict so returned a judgment, denying probate of the will was entered on the thirtieth day of September, 1886, and within ten days thereafter the…

2Cases cited3 opinions

  1. Estate of ToomesCalifornia Supreme Court · 1880
  2. Ex parte GilmoreCalifornia Supreme Court · 1887
  3. Paulson v. NunanCalifornia Supreme Court · 1883

3Cited by6 opinions

  1. Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
  2. In Re Estate of DombrowskiCalifornia Supreme Court · 1912
  3. In Re Estate of HewittCalifornia Court of Appeal · 1923
  4. Barney v. HayesMontana Supreme Court · 1891
  5. Robinson v. GouldCalifornia Supreme Court · 1922

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