Estate of Ross
California Supreme Court
The facts are stated in the opinion of the court. Campbell, Metson & Campbell, for Meda F. Frear and Mary E. Hallett, Appellants. The facts do not show a presumption of the death of Joseph L. Ross.
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The facts are stated in the opinion of the court. Campbell, Metson & Campbell, for Meda F. Frear and Mary E. Hallett, Appellants. The facts do not show a presumption of the death of Joseph L. Ross. (Dowd v. Watson, 105 N. C. 476;1 Flynn v. Coffee, 12 Allen, 133; People v. Stokes, 71 Cal. 267; Ashbury v. Sanders, 8 Cal. 62;2 Insurance Co. v. Stevens, 71 Fed. 258; Whiting v. Nicholl, 46 Ill. 230.3) The intention to provide for the children of the deceased child is negatived by implication from the expressed intention to provide for the child. (Payne v. Payne, 18 Cal. 292, 299; Estate of…
1Opinion of the CourtLorigan, J.
Joseph Ross died October 27, 1898, leaving a will dated March 12, 1898, which was duly admitted to probate, in the provisions of which occurs this clause: “Thirdly. I give and bequeath to my two sons, Joseph L. Ross and John M. Ross, the sum of ten dollars each, and no other part or portion of my estate.” After a special devise to a stepdaughter, he left the remainder of his estate to two daughters. The estate was duly administered, and on October 20, 1899, a decree of distribution was made and entered in conformity with the terms of the will.
On December 20, 1869, on application of the…
2Cases cited4 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Bowen v. HoxieMassachusetts Supreme Judicial Court · 1884
- In re Estate of SalmonCalifornia Supreme Court · 1895
- In re the Estate of BarterCalifornia Supreme Court · 1890
3Cited by42 opinions
- Arnett v. Dal CieloCalifornia Supreme Court · 1996
- Estate of MarreCalifornia Supreme Court · 1941
- Torregano v. TorreganoCalifornia Supreme Court · 1960
- In Re Estate of TrickettCalifornia Supreme Court · 1925
- Estate of RyanCalifornia Supreme Court · 1943
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