Sherman v. Sherman
California Supreme Court
APPEAL from a judgment of tbe Superior Court of tbe County of Santa Clara. John Reynolds, Judge. Tbe facts are stated in tbe opinion of tbe court. The nomination of tbe brother as administrator, without bonds, shows a testamentary intent.
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APPEAL from a judgment of tbe Superior Court of tbe County of Santa Clara. John Reynolds, Judge. Tbe facts are stated in tbe opinion of tbe court. The nomination of tbe brother as administrator, without bonds, shows a testamentary intent. (2 Redfield on Wills, 59; Williams on Executions, 7th ed., 267-390; Scbouler on Wills, sec. 297; In re Hickman, 101 Cal. 613.) No particular words are necessary to show a testamentary intent, and the giving of her brother full control of her estate shows a testamentary intention of the deceased sister. {Mitchell ■v. Donohoe, 100 Cal. 202; 38 Am. St. Rep.…
1Opinion of the CourtGaroutte, J.
Appellant filed a petition asking that a certain document, olographic in character, be probated as the last will and testament of Euthanasia S. Meade, deceased. A copy of the purported document accompanied the petition. Upon demurrer it was held that the document was not a will, and upon this appeal the only question presented is, Was the paper testamentary in character?
The document under consideration was in the form of a letter addressed to an undertaker residing in the city of San Jose, and dated some sixteen months prior to the death of the writer. This letter is as follows:
“San Jose,…
2Cases cited4 opinions
- Bronner v. JahantCalifornia Supreme Court · 1894
- In re Estate of RichardsonCalifornia Supreme Court · 1892
- Sutherland v. SydnorSupreme Court of Virginia · 1888
- McBride v. McBrideSupreme Court of Virginia · 1875
3Cited by22 opinions
- Salmonski v. BardzinskiCalifornia Supreme Court · 1951
- Estate of ButtonCalifornia Supreme Court · 1930
- In Re Estate of MajorCalifornia Court of Appeal · 1928
- Estate of AnthonyCalifornia Court of Appeal · 1913
- Estate of KelleherCalifornia Supreme Court · 1927
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