Legal Opinion

Estate of Fitzgerald

Superior Court of California, County of San Francisco

Decided May 6, 1899No. 91,287Published

1Opinion of the Court

THE PACTS.

Petitioner is the only child and heir at law of the deceased. She had not, at the time of the death of deceased, and has not, any heirs of her body.

Deceased left a will, of which the part pertinent to this inquiry is as follows:

“I give, devise and bequeath unto my beloved daughter, Anna Josephine Fitzgerald (Lee), for her natural life, all the real and personal property of which I die seised and possessed, remainder to the heirs of the body of said Anna Josephine Fitzgerald in fee simple, but in the event of her death without surviving heirs of her body, I direct that said remainder…

2Cases cited6 opinions

  1. Forrest v. PhillipsCourt of Appeals of Kentucky · 1859
  2. Rhoton v. BlevinCalifornia Supreme Court · 1893
  3. In re Estate of MillerCalifornia Supreme Court · 1874
  4. In re the Estate of SchedelCalifornia Supreme Court · 1887
  5. Fetrow's EstateSupreme Court of Pennsylvania · 1868

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