Kidwell v. Ketler
California Supreme Court
The facts are stated in the opinion of the court. Stuart S. Wright, Wright & Wright, Alexander D. Keyes, and Thomas P. Boyd, for Appellants. The admissions of the pleadings which set up the will, as respects title thereunder, were of plain conclusions of law and not material. A conclusion of law is not issuable.
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The facts are stated in the opinion of the court. Stuart S. Wright, Wright & Wright, Alexander D. Keyes, and Thomas P. Boyd, for Appellants. The admissions of the pleadings which set up the will, as respects title thereunder, were of plain conclusions of law and not material. A conclusion of law is not issuable. (Nelson v. Murray, 23 Cal. 338; Wormouth v. Hatch, 33 Cal. 121; Turner v. White, 73 Cal. 299; Brewster v. Striker, 2 N. Y. 19.) A guardian cannot limit his ward by admissions. (Cochran v. McDowell, 15 Ill. 11; Chaffin v. Heirs of Kimball, 23 Ill. 35; Cooper v. Mayhew, 40 Mich. 528;…
1Opinion of the CourtHenshaw, J.
Jacob C. Beideman died in 1865, leaving a will bearing date January 1863. By the first paragraph of his will he directed that all this real estate excepting three parcels be sold, and that out of the proceeds of the sale his debts be paid. The second paragraph of the will is as follows :—
“Second. I give, bequeath and devise to Henry F. Williams, of the said city and county of San Francisco, twenty thousand dollars ($20,000) in money, proceeds of the sale above provided for, remaining after the said expenses and my just debts are paid; and also a certain water lot (so called) belonging to me,…
2Cases cited18 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Ferrer v. . PyneNew York Court of Appeals · 1880
- Bool v. MixNew York Supreme Court · 1837
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Levins v. RovegnoCalifornia Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Berry v. ChaplinCalifornia Court of Appeal · 1946
- Cheda v. BodkinCalifornia Supreme Court · 1916
- Cloud v. Market Street Railway Co.California Court of Appeal · 1946
- Walton v. City of Red BluffCalifornia Court of Appeal · 1991
- Gackstetter v. Market Street Railway Co.California Court of Appeal · 1933
17 more not listed; retrieve them via the Exa API.