Legal Opinion

McGavin v. San Francisco Protestant Orphan Asylum Society

California Court of Appeal

Decided June 22, 1917No. Civ. No. 2041PublishedCited by 20 opinions

APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. William H. Waste, Judge. The facts are stated in the opinion of the court. Charles W. Slack, and Chauncey S. Goodrich, for Appellant San Francisco Protestant Orphan Asylum Society.

1Opinion of the CourtKerrigan, J.

This is an appeal from a judgment setting aside a decree of distribution, and from an order denying a motion for a new trial.

On March 6, 1909, Charles Louis Scrimger died leaving surviving him as his only heirs Nancy Scrimger, his mother, and Kate McGavin, his sister, the plaintiff. On February 20th of the same year—less than thirty days prior to his death —he executed his will by the terms of which he bequeathed the bulk of his estate to his executors as trustees under a trust created thereby. The trust thus created was to terminate upon the death of either the mother or sister, when…

2Cases cited5 opinions

  1. Pico v. CohnCalifornia Supreme Court · 1891
  2. Bacon v. BaconCalifornia Supreme Court · 1907
  3. Lynch v. RooneyCalifornia Supreme Court · 1896
  4. Rountree v. MontagueCalifornia Court of Appeal · 1916
  5. Smith v. VandepeerCalifornia Court of Appeal · 1906

3Cited by20 opinions

  1. Loring v. Town of KingsleyCalifornia Supreme Court · 1946
  2. Pacific Mutual Life Insurance v. McConnellCalifornia Supreme Court · 1955
  3. Abels v. FreyCalifornia Court of Appeal · 1932
  4. San Francisco Protestant Orphan Asylum Society v. FitzsimmonsCalifornia Supreme Court · 1922
  5. Hoppin v. LongMontana Supreme Court · 1925

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