In re Estate of Dalrymple
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Marin, and from an order refusing a new trial. The will was conditional to take effect in case the testator should die from the illness under which he was suffering at the. time of its execution. The remaining facts are stated in the head-notes and opinion.
1Opinion of the Court
Foote, C.
The tenth and eleventh issues allowed to be tried by the jury in this, a case of the contested probate of a will, were not in themselves improper, under the rule laid down in the Gharky Case, 57 Cal. 274.
The contestants claimed those issues to be substantially a repetition of the seventh and eighth tendered by them and allowed by the court, and that those last wherein the jury found against them were the true issues upon the matters to which they related. If this bp true, contestants cannot complain, since the finding of the jury upon those issues support pro tanto the order or…
2Cases cited3 opinions
- People v. SanfordCalifornia Supreme Court · 1872
- Estate of ToomesCalifornia Supreme Court · 1880
- In re Estate of GharkyCalifornia Supreme Court · 1881
3Cited by13 opinions
- Estate of LatourCalifornia Supreme Court · 1903
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Wood v. WoodWyoming Supreme Court · 1917
- In Re Estate of GregoryCalifornia Supreme Court · 1901
- Dalrymple v. GambleCourt of Appeals of Maryland · 1888
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