Grimm v. Curley
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The plaintiff deraigned title under a sale by the executors of William A. Woodruff) the original grantee, made by virtue of the following language in Woodruff’s will: “It is my will that my executors shall, as soon after my death as they shall deem prudent, for the best interest of my estate, convert the same, real, personal, and mixed, of which I may ffiie seized or…
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The plaintiff deraigned title under a sale by the executors of William A. Woodruff) the original grantee, made by virtue of the following language in Woodruff’s will: “It is my will that my executors shall, as soon after my death as they shall deem prudent, for the best interest of my estate, convert the same, real, personal, and mixed, of which I may ffiie seized or possessed, into money.” The sale was made without having first obtained an order of the Probate Court. The Court subsequently…
1Opinion of the Court
By the Court,
Crockett, J.:
The land in controversy is a narrow strip, five or six feet wide, included within the fifty-vara lot numbered one thousand four hundred and two, in the City of San Francisco, and fronts on the dividing line between that lot and the fiftyvara lot numbered one thousand three hundred and eighty-one. The plaintiff deraigns title under a valid Alcalde grant to that portion of lot one thousand four hundred and two which includes the demanded premises, provided the executors of "Woodruff", the original grantee, had power, under his will, to sell and convey said premises…
2Cases cited1 opinion
- Mayor and Common Council of San Jose v. TrimbleCalifornia Supreme Court · 1871
3Cited by4 opinions
- Bowers v. LedgerwoodWashington Supreme Court · 1901
- McCormack v. SilsbyCalifornia Supreme Court · 1889
- Lockey v. HorskyMontana Supreme Court · 1882
- Steckter v. EwingCalifornia Court of Appeal · 1907