In re Estate of McCarty
California Supreme Court
Appeal from an order in favor of the validity of a will, and from an order denying a new trial in the Probate Court of the City and County of San Francisco. Myrick, J. It appeared from the evidence set out in the bill of exceptions that Mr. Horan, the lawyer who drew the will, after the testator started to write his signature, took hold of his hand, or of the pen in his hand, and held it while he wrote his signature.
1Opinion of the Court
The Court :
This case was heard by Department Two of this Court, and its opinion filed. March 25th, 1881. A hearing in Bank was subsequently granted. For the reasons given in the opinion of the Department the judgment, and order are affirmed.
The following is the opinion rendered in Department Two:
Myrick, J.:
The will of the deceased was admitted to probate. Within the year the father of the deceased petitioned that the probate of the will be revoked. The issues raised on that petition were tried by the Court, and the prayer of the petition was denied. The petitioner moved for a new trial, which…
2Cited by3 opinions
- In Re Nielsen's EstateWashington Supreme Court · 1939
- Evans v. GlencrossArizona Supreme Court · 1894
- Estate of StoneCalifornia Supreme Court · 1917