Legal Opinion

Le Breton v. Cook

California Supreme Court

Decided June 4, 1895No. 15610PublishedCited by 34 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

This is an action brought by the trustees under the will of Cynthia Hoff Shillaber, deceased, to obtain a construction of certain provisions of said will. The will, after making certain bequests of personal property, proceeds as follows:

“ Fourth. All of the residue of my estate, both real, personal, and mixed, after paying the expenses of administration, I do give, devise, and bequeath unto my said nephew, Carroll Cook, and to his brother, Wm. Hoff Cook, to be held by them in trust, however, for the following uses and purposes, viz:
“ 1st. My homestead on Sixteenth street, corner of Hoff…

2Cases cited2 opinions

  1. Rosenberg v. FrankCalifornia Supreme Court · 1881
  2. Tolmie's Lessee v. ThompsonU.S. Circuit Court for the District of District of Columbia · 1827

3Cited by34 opinions

  1. In Re Estate of BlakeCalifornia Supreme Court · 1910
  2. Church Home for Children of Protestant Episcopal Church v. LawrenceCalifornia Supreme Court · 1941
  3. McConnell v. DoolittleCalifornia Supreme Court · 1920
  4. In Re Estate of HendersonCalifornia Supreme Court · 1911
  5. Estate of GrannissCalifornia Supreme Court · 1904

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