Legal Opinion

Estate of Gutierrez

California Court of Appeal

Decided September 6, 1963No. Civ. 27338PublishedCited by 7 opinions

1Opinion of the CourtBurke, P. J.

Decedent died leaving a surviving spouse

but no issue. She was also survived by a nephew and three nieces, children of her deceased sister. Approximately three years prior to her death she executed a document which, on a prior appeal, was declared to be a will and entitled to probate. (Estate of Gutierrez, 189 Cal. App. 2d 165 [11 Cal. Rptr. 51].) The instrument read as follows:

“For Maurice Gutierrez. In ease that I should have an illness, or my death, I want my husband (Maurice A. Gutierrez) to have some ready money — so am enclosing two cheques. One to the Bank of Arizona, Prescott, Arizona…

2Cases cited9 opinions

  1. In Re the Will of HillsNew York Court of Appeals · 1934
  2. Estate of BunnCalifornia Supreme Court · 1949
  3. In Re Estate of DwyerCalifornia Supreme Court · 1911
  4. Karolusson v. PaonessaSupreme Court of Iowa · 1928
  5. Estate of GutierrezCalifornia Court of Appeal · 1961

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

3Cited by7 opinions

  1. Estate of BasoreCalifornia Court of Appeal · 1971
  2. Estate of ThomasonCalifornia Court of Appeal · 1966
  3. Estate of ReardonCalifornia Court of Appeal · 1966
  4. Basore v. Pasadena Home for the AgedCalifornia Court of Appeal · 1971
  5. Conroy v. Holy Innocents Catholic ChurchCalifornia Court of Appeal · 1971

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

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