Legal Opinion

In re Estate of Noon

Superior Court of California, County of San Francisco

Decided April 12, 1894No. 14,380Published

Gunnison, Booth & Bartnett, for the petitioning executor.

1Opinion of the CourtCoffey, J.

Section 1294 of the Code of Civil Procedure provides:

“Wills must be proved and letters testamentary or of administration granted—
“ (1.) In the county of which the decedent was a resident at the time of his death, in whatever place he may have died. ’ ’

Section 52 of the Political Code provides, among other things, the following rules for determining the residence:

“(1.) It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons of repose.
“ (2.) There can be only one residence.
“ (3.) A residence cannot be lost…

2Cases cited2 opinions

  1. Johnson v. Twenty-One BalesU.S. Circuit Court for New York · 1814
  2. Prow v. MunieCalifornia Supreme Court · 1854

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