Legal Opinion

Hartmann v. Smith

California Supreme Court

Decided October 1, 1903No. S.F. No. 3532PublishedCited by 4 opinions

MANDAMUS from the Supreme Court to the Judge of the Superior Court of Santa Cruz County. Lucas P. Smithy Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Dyke, J.

Mandamus. In the petition for the writ it is stated that in the estate of George Kohl, deceased, pending in the superior court of the county of Santa Cruz, of which the respondent, Lucas P. Smith, is the judge presiding,, the petitioner on August 25, 1902, presented a verified petition praying for the revocation of the probate of the will of said George Kohl, deceased, on the ground that at the time of making and executing said will the testator was not of sound and disposing mind, and that the said will was obtained: by and through the undue influence of P. A. Hihn, the sole executor and…

2Cases cited3 opinions

  1. In re SpencerCalifornia Supreme Court · 1892
  2. Murphy v. StellingCalifornia Supreme Court · 1903
  3. MacHado v. KinneyCalifornia Supreme Court · 1902

3Cited by4 opinions

  1. In Re Estate of SutroCalifornia Supreme Court · 1907
  2. Gay v. TorranceCalifornia Supreme Court · 1904
  3. Estate of WarnerCalifornia Court of Appeal · 1958
  4. Bryan v. TevisCalifornia Supreme Court · 1918

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