Moffitt v. Kelly
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. Jambs Moffitt was married in California in the year 1863 and there resided with his wife until his death on October 25, 1906. He left a large amount of property, all of which formed part of the community which existed between himself-and his wife. By a will, duly admitted to probate, Moffitt disposed of all his estate to his wife and children in the same proportions as if - he had died intestate.
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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. Jambs Moffitt was married in California in the year 1863 and there resided with his wife until his death on October 25, 1906. He left a large amount of property, all of which formed part of the community which existed between himself-and his wife. By a will, duly admitted to probate, Moffitt disposed of all his estate to his wife and children in the same proportions as if - he had died intestate. The probate court held that “the interest of the widow in the community property of herself and her deceased husband” was subject to be taxed…
1Opinion of the Court
Mr. Justice White,
after making the foregoing statement^ delivered the opinion of the court.
While the plaintiffs in error, rely on both the contract clause and the equal protection clause of the Constitution, the latter contention is in substance but an incident, and the former is the fundamental proposition coúnted on -to procure a. reversal. We come, however, separately to consider the two contentions.
1. The alleged violation of the contract clause. — Considered merely subjectively, the contention is that the rights vested in the wife as a partner in the community existing by virtue of the…
2Cases cited1 opinion
- Castillo v. McConnicoSupreme Court of the United States · 1898
3Cited by38 opinions
- Saltonstall v. SaltonstallSupreme Court of the United States · 1928
- Coolidge v. LongSupreme Court of the United States · 1931
- Fernandez v. WienerSupreme Court of the United States · 1946
- Senior v. BradenSupreme Court of the United States · 1935
- Barwise v. SheppardSupreme Court of the United States · 1936
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