Castro v. Castro
California Supreme Court
Writ or Error to the Probate Court of Contra Costa County. This was a proceeding instituted by the defendants in error, in August, 1852, to annul the will of Francisco Maria Castro, executed Nov. 3, 1831, shortly before his death, and to set aside and vacate an order of the Probate Court made in 1851, admitting the will to probate.
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Writ or Error to the Probate Court of Contra Costa County. This was a proceeding instituted by the defendants in error, in August, 1852, to annul the will of Francisco Maria Castro, executed Nov. 3, 1831, shortly before his death, and to set aside and vacate an order of the Probate Court made in 1851, admitting the will to probate. The case was tried before the probate judge sitting as a jury, and judgment entered October 30, 1852, setting aside the order admitting the will to probate. The plaintiffs in error appealed to the District Court of the seventh judicial district, which affirmed the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This was a proceeding in the Probate Court to set aside and annul a will. The testator died in 1831; the personal property was divided under the provisions of the will, and the heirs remained on the land, and acquiesced in it until some time in 1852, a period of over twenty years.
*160Upon the motion to dismiss, which has been made, it is only necessary to say that this is the second time this case has been before us, and the time which it has been suspended on appeal is not to be computed; in other…
2Cases cited1 opinion
- Panaud v. JonesCalifornia Supreme Court · 1851
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