Sterrett v. Barker
California Supreme Court
APPEAL from a judgment of the Superior Court of Mendocino County and from an order denying a new trial. B. McGarvey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
The questions involved in this appeal arise upon demurrer to the complaint and upon the contention that the judgment is not warranted by the findings. I think all these points are well taken.
The complaint contains two counts. In the first, after stating the death of the testator, the probate of the will, and appointment and qualification of the executrix, and that all the property of the estate was given to her in trust with power to sell without obtaining an order authorizing her so to do, it is averred that she, for a good and valid consideration to her in hand paid by plaintiff, sold and-…
2Cases cited2 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Eustace v. JahnsCalifornia Supreme Court · 1869
3Cited by32 opinions
- Harm v. FrasherCalifornia Court of Appeal · 1960
- Johnston v. LongCalifornia Supreme Court · 1947
- Golden Gate Undertaking Co. v. TaylorCalifornia Supreme Court · 1914
- Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
- England v. WinslowCalifornia Supreme Court · 1925
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