In re Estate of Fair
Superior Court of California, County of San Francisco
Theresa Fair died on September 13, 1891. The will, set forth in the opinion below, was admitted to probate on October 5, 1891. On May 11, 1892, Charles L. Fair filed a petition wherein he alleged that his brother, James G. Fair, Jr., had died on February 12, 1892, under the age of thirty years, and without wife or lawful issue surviving him.
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Theresa Fair died on September 13, 1891. The will, set forth in the opinion below, was admitted to probate on October 5, 1891. On May 11, 1892, Charles L. Fair filed a petition wherein he alleged that his brother, James G. Fair, Jr., had died on February 12, 1892, under the age of thirty years, and without wife or lawful issue surviving him. He further alleged that by the terms of the will the testatrix bequeathed the sum of $500,000 to James G. Fair, Jr., and directed that the same be paid to him when he shall have attained the age of thirty-five years, and that, in case he should die…
1Opinion of the CourtCoffey, J.
The question presented in this case for decision by the court is, When should the trustee appointed by the will pay to the petitioner under its terms the $500,000 therein primarily allotted to his brother, James G. Fair, Jr., as his portion of the estate of Theresa Fair, deceased, their mother, the said James having died long before his portion or that of Charles could by the terms of the will become due and payable had James lived?
The petitioner claims that under the will the portion allotted to James should be paid at once to him, while the respondents contend that immediate payment thereof…
2Cases cited1 opinion
- In re Estate of FairCalifornia Supreme Court · 1894