In re Estate of Maxwell
California Supreme Court
Appeal from a decree of the Superior Court of the city and county of San Francisco distributing the estate of a deceased person. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
Maxwell died June 29,1883, leaving a will bearing date July 23, 1882. Letters testamentary were issued July 17, 1883. Afterward — but when does not appear — the executors filed a petition for the distribution of the estate. November 13, 1884, Elizabeth C, Tybout filed her exceptions to the petition.
In her exceptions she states that she is the sister and sole heir at law of the testator; that a devise contained in the will in favor of Miss E. Donnelly was obtained through fraud, and by false and fraudulent representations made by the beneficiary to the effect that she was an unmarried woman,…
2Cases cited2 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- State v. McGlynn & ButlerCalifornia Supreme Court · 1862
3Cited by14 opinions
- Estate of DavisCalifornia Supreme Court · 1902
- Whitten v. La PlanteCalifornia Supreme Court · 1925
- Phelan v. SmithCalifornia Supreme Court · 1893
- Stevens v. TorreganoCalifornia Court of Appeal · 1961
- Monk v. MorganCalifornia Court of Appeal · 1920
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