Legal Opinion

Smith v. Frederick

California Court of Appeal

Decided April 15, 1940No. Civ. 12435-SPublishedCited by 16 opinions

1Opinion of the CourtWhite, J.

From an order admitting to probate the last will and testament of Wallace Edward Garvey following a hearing upon the petition of respondent for probate thereof and a contest filed thereto by the appellant, Eddie Garvey Smith, adult daughter of decedent, this appeal is prosecuted. The grounds of contest, were: “(1) incompetency; (2) intoxication to the extent that decedent was incapable of exercising his will and was without testamentary capacity; (3) undue influence; (4) fraud; and (5) that said will was not executed in the manner and form prescribed by law”. The court heard the proceeding…

2Cases cited27 opinions

  1. Estate of LancesCalifornia Supreme Court · 1932
  2. In re Estate of McDevittCalifornia Supreme Court · 1892
  3. Estate of PerkinsCalifornia Supreme Court · 1925
  4. Coghill v. KennedySupreme Court of Alabama · 1898
  5. Finkler v. PurcellCalifornia Supreme Court · 1935

22 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Llewellyn v. CheesewrightCalifornia Court of Appeal · 1948
  2. Stroughton v. McGowanCalifornia Court of Appeal · 1947
  3. McQuarrie v. KuttlerCalifornia Court of Appeal · 1960
  4. Estate of SelbCalifornia Court of Appeal · 1948
  5. Pessagno v. PleitnerCalifornia Court of Appeal · 1943

11 more not listed; retrieve them via the Exa API.

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