Legal Opinion

In Re Estate of Emerson

California Supreme Court

Decided April 19, 1915No. L.A. No. 3931PublishedCited by 7 opinions

The facts are stated in the opinion of the court. Fred N. Arnoldy, and Irwin, White & Rosecrans, for Appellant.

1Opinion of the CourtShaw, J.

The appeal is from an order denying appellant’s motion for a new trial made upon the ground of newly discovered evidence.

The proceeding was an application under section 1339 of the Code of Civil Procedure, by Collins P. Emerson, a brother of the decedent, to admit to probate a will, which, it is alleged, was destroyed after the death of the decedent. The court made findings that the provisions of the alleged will were not proven by two credible witnesses; that the proposed document was not the will of the decedent; that there were no witnesses to the document, and that it was not written,…

2Cited by7 opinions

  1. Estate of EmersonCalifornia Supreme Court · 1917
  2. Page v. Insurance Co. of North AmericaCalifornia Court of Appeal · 1969
  3. Realty Co. of America v. BurtonCalifornia Court of Appeal · 1958
  4. Forrest v. Pickwick Stages SystemCalifornia Court of Appeal · 1929
  5. In Re Estate of HarknessCalifornia Supreme Court · 1917

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