King v. Lagrange
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover an undivided one-sixth of a lot in San Francisco, sixty feet by sixty, on the north line of Commercial street, between Montgomery and Kearny streets. The lot was purchased by the firm of Curtis, Perry & Ward, prior to the year 1853, and was held by them as tenants in common at the time of the death (March 22, 1853) of Samuel H. Ward, a member of the firm.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover an undivided one-sixth of a lot in San Francisco, sixty feet by sixty, on the north line of Commercial street, between Montgomery and Kearny streets. The lot was purchased by the firm of Curtis, Perry & Ward, prior to the year 1853, and was held by them as tenants in common at the time of the death (March 22, 1853) of Samuel H. Ward, a member of the firm. At the time of its purchase, Emily H. S. Ward was the wife of Samuel H., and survived him. The lot was community property.…
1Opinion of the Court
By the Court:
The will of Samuel H. Ward, deceased, purports to devise an undivided one-tenth of his real estate to his sister, Mrs. Verner, and all the r§st and residue thereof to his wife, from whom the plaintiff deraigns his title. There is nothing on the face of the will to indicate that the testator attempted to devise property of which he had not the disposition, nor does the deed executed by Philo H. Perry, executor, under the power in the will, purport to convey any other estate than “the right, title and interest” of the testator in the property described in the complaint. There was,…
2Cases cited1 opinion
- In re Estate of SilveyCalifornia Supreme Court · 1871
3Cited by15 opinions
- Tourette v. TouretteArizona Supreme Court · 1914
- Carper v. CrowlIllinois Supreme Court · 1894
- Wickersham v. WickershamCalifornia Supreme Court · 1902
- Hall v. E. W. Wells & SonCalifornia Court of Appeal · 1914
- Estate of FletcherCalifornia Court of Appeal · 1940
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