Legal Opinion · Dissent

Rosenberg v. Frank

California Supreme Court

Decided July 1, 1881No. 7,153Published

Appeal from a judgment for the plaintiffs and from an order denying a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, J. A petition for rehearing was filed in this case after the decision in Bank, and denied.

1DissentMyrick, J.

This is an action brought in a District Court, prior to the adoption of the new Constitution, by the executors of the will of one Reese, againt the residuary legatees, for the purpose of obtaining a construction of the will. The plaintiffs allege that the will was probated in San Mateo County,where the administration is still pending; “ that doubts have arisen and are entertained by the plaintiffs and other parties to this action as to the true intent and construction of said will, and particularly the residuary clause aforesaid, and that the plaintiffs are desirous that a judicial…

2Cases cited5 opinions

  1. Payne v. PayneCalifornia Supreme Court · 1861
  2. Ex parte SmithCalifornia Supreme Court · 1878
  3. Wilson v. RoachCalifornia Supreme Court · 1854
  4. de Auguisola v. de ArnazCalifornia Supreme Court · 1876
  5. Haverstick v. TrudelCalifornia Supreme Court · 1876

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