Legal Opinion

Estate of Branick

California Supreme Court

Decided April 13, 1916No. L. A. No. 4478. Department OnePublishedCited by 14 opinions

APPEAL from an order of the Superior Court of Los Angeles County refusing to admit an alleged will to probate. Frederick W. Houser, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

The appeal is from an order refusing to admit to probate a document claimed to be the last will of the decedent.

The facts are these: On the 9th of December, 1913, the decedent formally executed a will in the presence of witnesses, both of whom signed it, and the execution was attended with all the formalities the statute requires. Afterward, and on September 22, 1914, he wrote a letter to his brother. His brother’s name is James but was referred to as “Jim.” The letter to his brother is as follows:

“Los Angeles, California, Sept. 22, 1914.
“Well Jim everything is straightened out this place is…

2Cases cited2 opinions

  1. In re Estate of RichardsonCalifornia Supreme Court · 1892
  2. Sherman v. ShermanCalifornia Supreme Court · 1897

3Cited by14 opinions

  1. Estate of WunderleCalifornia Supreme Court · 1947
  2. Estate of SargavakCalifornia Supreme Court · 1950
  3. In Re Estate of MajorCalifornia Court of Appeal · 1928
  4. Estate of KelleherCalifornia Supreme Court · 1927
  5. Estate of FritzCalifornia Court of Appeal · 1951

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