de Auguisola v. de Arnaz
California Supreme Court
Appeal from the District Court, First Judicial District, County of Ventura. The complaint, filed May 23, 1874, alleged that the defendant, Jose de Arnaz, at the present county of Los Angeles, in the year 1847, intermarried with Merced Abila; that said Jose had no property of his own, real or personal; that in 1848, or 1849, said Merced acquired by inheritance and gift from her uncle, Antonio Ygnacio Abila, and from other relatives, as her separate property, six hundred head…
Read the full summary
Appeal from the District Court, First Judicial District, County of Ventura. The complaint, filed May 23, 1874, alleged that the defendant, Jose de Arnaz, at the present county of Los Angeles, in the year 1847, intermarried with Merced Abila; that said Jose had no property of his own, real or personal; that in 1848, or 1849, said Merced acquired by inheritance and gift from her uncle, Antonio Ygnacio Abila, and from other relatives, as her separate property, six hundred head of cattle, three hundred horses, ten mules, ten oxen, and four thousand dollars in money; that thereafter the husband,…
1Opinion of the Court
By the Court, Rhodes, J.:
The title to all the real estate in controversy was in Merced Avila de Arnaz, the testatrix, at the time of her death, and by her last will and testament she devised and bequeathed all her property to her children in equal shares'. The will of the testatrix has been admitted to probate; letters testamentary have issued to the husband of the testatrix, and the estate remains unsettled in the probate court. So far as the real estate is concerned, there was no ground upon which an action in the district court to declare a trust could be maintained, for the title to the…
2Cases cited3 opinions
- Gurnee v. MaloneyCalifornia Supreme Court · 1869
- Bush v. LindseyCalifornia Supreme Court · 1872
- In re Will of BowenCalifornia Supreme Court · 1868
3Cited by6 opinions
- Crew v. PrattCalifornia Supreme Court · 1897
- Campbell v. CampbellCalifornia Supreme Court · 1906
- Flanigan v. Security-First Nat. BankDistrict Court, S.D. California · 1941
- Robison v. SidebothamCourt of Appeals for the Ninth Circuit · 1957
- Rosenberg v. FrankCalifornia Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.