Legal Opinion

Estate of Pfuelb

Superior Court of California, County of San Francisco

Decided May 7, 1873No. 2790Published

1Opinion of the Court

Deceased made a will by which she bequeathed $4,000 to her step-son. The step-son died before the testatrix, leaving a daughter, who now applies for distribution to herself of the $4,000.

Loughborough

The legacy lapsed, as the devisee died before decedent, and the applicant is not within Sec. 20 of the act concerning wills. The applicant is not a relation. That act refers only to a devise of real estate.

[Bouvier and Burrill, titles “Devise” and “Relation.”]

*39Haven

Conceding that at common law the legacy would lapse, and that in a narrow sense " relation” means blood relation, Sec. 20 does not…

2Cases cited6 opinions

  1. Esty v. ClarkMassachusetts Supreme Judicial Court · 1869
  2. In re the Estate of DonahueCalifornia Supreme Court · 1868
  3. Van Wert v. BenedictNew York Surrogate's Court · 1850
  4. Carroll v. NortonNew York Surrogate's Court · 1855
  5. Fisher v. HillMassachusetts Supreme Judicial Court · 1810

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