In re Frey
California Supreme Court
Appeal from the Probate Court of the County of Sacramento. Henry Frey died January 24th, 1874, leaving a will, by which, after the payment of his debts and expenses of administration, he gave one-half of all his property to his wife, Eosine Frey, and the other half to the children of Jacob Frey, his brother, and nominated said Eosine Frey and Jacob Frey executrix and executor.
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Appeal from the Probate Court of the County of Sacramento. Henry Frey died January 24th, 1874, leaving a will, by which, after the payment of his debts and expenses of administration, he gave one-half of all his property to his wife, Eosine Frey, and the other half to the children of Jacob Frey, his brother, and nominated said Eosine Frey and Jacob Frey executrix and executor. Said will was admitted to probate in the Probate Court of the County of Sacramento, February 9th, 1874, and Eosine Frey appointed executrix, and on the 13th of February, 1874, letters testamentary were issued to her.…
1Opinion of the Court
I. Jacob Frey was never appointed executor by the Probate Court. (Sec. 1349, Code Civil Procedure.)
*660II. The letters testamentary issued to Jacob Frey, March 11th, 1874, was and is void, because issued without Jacob Frey having been appointed executor by the Court. (Sec. 1349, Code Civil Procedure.)
III. Rosine Frey, as the surviving wife of the said testator, was entitled to have distributed to her one-half of the whole estate unaffected by the will of the deceased. “ Upon the death of the husband one-half of the community property goes to the surviving wife, and the other half is subject to…
2Cases cited4 opinions
- Morrison v. BowmanCalifornia Supreme Court · 1865
- In the Matter of Estate of SimmonsCalifornia Supreme Court · 1872
- Beard v. KnoxCalifornia Supreme Court · 1855
- Reaves v. Garrett's Adm'rSupreme Court of Alabama · 1859
3Cited by12 opinions
- Tourette v. TouretteArizona Supreme Court · 1914
- Prince v. PrinceWashington Supreme Court · 1911
- In re the Estate of GilmoreCalifornia Supreme Court · 1889
- Wickersham v. WickershamCalifornia Supreme Court · 1902
- In re the Estate of GwinCalifornia Supreme Court · 1888
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