Legal Opinion

Estate of McLaughlin

Superior Court of California, County of San Francisco

Decided April 5, 1887No. 3,061Published

Charles McLaughlin died in San Francisco, on December 13, 1883, leaving a will, bearing date February 8, 1866, with a codicil executed December 22, 1869. The operative portions of the will and codicil made Kate D. McLaughlin, wife of the testator, his sole devisee, legatee and executrix.

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Charles McLaughlin died in San Francisco, on December 13, 1883, leaving a will, bearing date February 8, 1866, with a codicil executed December 22, 1869. The operative portions of the will and codicil made Kate D. McLaughlin, wife of the testator, his sole devisee, legatee and executrix. The heirs of the decedent were his widow, above named; a brother, named Michael McLaughlin; a niece, named Mary Grace McLaughlin, and two sisters, named respectively Ellen J. Hogan and Arabella Hinkle. On January 9, 1884, the will was filed, together with a petition for its probate and the appointment of Mrs.…

1Opinion of the CourtCoffey, J.

This is a motion to strike out certain portions of the amended petition of Arabella Hinkle and Ellen J. Hogan to revoke the probate of the will of Charles McLaughlin, deceased. The parts of the petition which it is proposed to strike out are all of paragraphs 6, 7, 8, 9, except lines 20 to 27 inclusive, on the seventh page of the petition, and all of paragraphs 10 and 11, also all of the paper *261marked Exhibit “A,” and annexed to said amended petition and made a part thereof.

If this motion should prevail, the petition will then contain allegations (1) of the time and place of the death of…

2Cases cited78 opinions

  1. Case of Broderick's WillSupreme Court of the United States · 1875
  2. Simmons v. SaulSupreme Court of the United States · 1891
  3. Ellis v. DavisSupreme Court of the United States · 1883
  4. Johnson v. WatersSupreme Court of the United States · 1884
  5. Sohler v. SohlerCalifornia Supreme Court · 1902

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