Ord v. De La Guerra
California Supreme Court
Appeal.from the Fourth District. Bill against defendants as executors of the last will and testament of Jose de la Guerra, deceased, to recover the share of the female plaintiff in the estate of her mother.
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Appeal.from the Fourth District. Bill against defendants as executors of the last will and testament of Jose de la Guerra, deceased, to recover the share of the female plaintiff in the estate of her mother. The substance of the complaint is, that in 1804, Jose de la Guerra and Maria Antonio Carrillo intermarried in Santa Barbara, California, and lived together until December, 1843, when she died intestate at Santa Barbara, leaving him surviving; that by said marriage there were thirteen children, the female "plaintiff and the defendants among them ; that said Jose and Maria acquired by their…
1Opinion of the CourtBaldwin, J.
Field C. J. and Cope, J. concurring.
This bill was filed by the plaintiffs, one of whom is the daughter of Don José de la Guerra, deceased, and of Maria Antonia Carrillo, his late wife. The bill states that the mother of the female plaintiff died in 1843, her husband surviving her; that during the coverture property, real and personal, to a large amount, was acquired by the joint labor, etc., of these spouses, as community property; that this property was held, possessed, and disposed of by the Survivor during his life, in part, and a portion left at his death; that he died in 1858, leaving a…
2Cited by18 opinions
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- Redington v. CornwellCalifornia Supreme Court · 1891
- Robertson v. BurrellCalifornia Supreme Court · 1895
- Pike v. ZadigCalifornia Supreme Court · 1915
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
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