Legal Opinion

In re Kohler

California Supreme Court

Decided May 28, 1889No. 12806PublishedCited by 6 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This is an appeal from a judgment rendered upon the special verdict of a jury annulling a codicil to the last will of a decedent, and from an order denying a new trial of the contest of the codicil.

The testator, Andrew Kohler, made his will on the 19th of February, 1884, wherein he made several legacies, among them being one of five thousand dollars to the contestant, Miss Carrie Gerholdt, who seems to have been at that time a favorite niece. On March 4, 1885, he executed a codicil to that will, whereby he revoked the legacy given to the contestant.

The grounds of the contest are,…

2Cases cited1 opinion

  1. People v. TomlinsonCalifornia Supreme Court · 1885

3Cited by6 opinions

  1. In Re the Estate of NewhallCalifornia Supreme Court · 1923
  2. Estate of BentonCalifornia Supreme Court · 1901
  3. People v. HirstCalifornia Court of Appeal · 1973
  4. In Re DoreUnited States Bankruptcy Court, S.D. California · 1991
  5. Penn Mut. Life Ins. v. Union Trust Co. of San FranciscoU.S. Circuit Court for the District of Northern California · 1897

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