In re Estate of Twombley
California Supreme Court
APPEAL from an order of the Superior Court of Alameda County refusing to revoke the prohate of a will. F. B. Ogden, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
The appeal is from an order refusing to revoke the probate of the last will of deceased and the grant of letters testamentary thereon, made upon demurrer sustained to the petition.
The order admitting the will to probate was made and entered by the then probate court of Alameda county, on the fifth day of May, 1879. The petition for revocation was filed August 26, 1896—more than seventeen years thereafter. The sole ground urged for a reversal is that it appears from the averments of the petition that the probate court never acquired jurisdiction to admit said will to probate. This proposition…
2Cases cited4 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- Burris v. KennedyCalifornia Supreme Court · 1895
- In re Will of WarfieldCalifornia Supreme Court · 1863
- Irwin v. ScriberCalifornia Supreme Court · 1861
3Cited by18 opinions
- Westphal v. WestphalCalifornia Supreme Court · 1942
- Estate of DavisCalifornia Supreme Court · 1907
- Nicholson v. LeathamCalifornia Court of Appeal · 1915
- Stevens v. TorreganoCalifornia Court of Appeal · 1961
- Wood v. RoachCalifornia Court of Appeal · 1932
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