Legal Opinion

Cutting v. Cutting

California Supreme Court

Decided December 19, 1916No. S. F. No. 7647PublishedCited by 10 opinions

APPEAL from an order of the Superior Court of Alameda County' ref using a family allowance. W. S. Wells, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMelvin, J.

On April 19, 1913, Francis Cutting and Alice Duren entered into a contract with reference to their contemplated marriage. Mr. Cutting was seventy-nine years of age at the time and Miss Duren was more than forty-five years old. He was a widower possessed of a fortune worth approximately five hundred thousand dollars and was the father of two living adult children. On Elay 10, 1913, Eliss Duren and Mr. Cutting were married. On July 10, 1913, he executed a codicil to his will which had been made prior to his marriage, said codicil operating as a republication of the testament. (Estate of…

2Cases cited4 opinions

  1. Fallon v. ButlerCalifornia Supreme Court · 1862
  2. Landers v. WhitneyCalifornia Supreme Court · 1916
  3. In re McCAUSLANDCalifornia Supreme Court · 1878
  4. In Re State of CuttingCalifornia Supreme Court · 1916

3Cited by10 opinions

  1. Somerville v. SomervilleSouth Dakota Supreme Court · 1936
  2. Tompkins v. BishopCalifornia Court of Appeal · 1949
  3. In Re Oppenheimer's EstateMontana Supreme Court · 1925
  4. Franklin v. CommissionerUnited States Board of Tax Appeals · 1941
  5. Burmeister v. SchultzWisconsin Supreme Court · 1967

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