Clarke v. Ransom
California Supreme Court
Appeal from the Probate Court, County of Santa Clara. Mrs. Elizabeth A. Gordon, a resident of the county of Santa Clara, on the Gth day of December, 1874, made a will, in which, after making several small bequests, she devised tlie residue of her estate, valued at about $170,000, in equal proportions, to her brother, John J. Clarke, and to trustees to hold for the use of her daughter Helen.
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Appeal from the Probate Court, County of Santa Clara. Mrs. Elizabeth A. Gordon, a resident of the county of Santa Clara, on the Gth day of December, 1874, made a will, in which, after making several small bequests, she devised tlie residue of her estate, valued at about $170,000, in equal proportions, to her brother, John J. Clarke, and to trustees to hold for the use of her daughter Helen. On the 30th day of April following, she made a codicil, in which it was recited that as her daughter had died, she bequeathed the whole estate, aside from the small bequests, to her said brother. Her…
1Opinion of the Court
By the Court, Crockett, J. :
The question to be determined is, whether the paper propounded by Miss Bansom, and which is entirely in the handwriting of the late Mrs. Gordon, and was written during her last illness, is entitled to probate as an olographic will. It is not denied that at the time when it was written Mrs. Gordon was of sound mind, and wrote it under the belief that her death was near at hand, as in fact it was. The point chiefly discussed by counsel is, whether the paper is or was designed to be testamentary in character. It was dated June 23, 1874, a few days before Mrs. Gordon’s…
2Cases cited3 opinions
- McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
- Succession of EhrenbergSupreme Court of Louisiana · 1869
- Case of Todd's WillSupreme Court of Pennsylvania · 1841
3Cited by34 opinions
- In Re Estate of SpitzerCalifornia Supreme Court · 1925
- Merrill v. BoalSupreme Court of Rhode Island · 1926
- Mitchell v. DonohueCalifornia Supreme Court · 1893
- Dougherty v. HolscheiderCourt of Appeals of Texas · 1905
- Clay v. LaytonMichigan Supreme Court · 1903
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