Legal Opinion

McMurray v. Bodwell

California Court of Appeal

Decided July 12, 1911No. Civ. No. 805PublishedCited by 1 opinion

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. James M. Troutt, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

This is an action on a claim against an estate, to recover money which it is alleged was fraudulently appropriated by the defendant’s testatrix.

On October 28, 1889, Margaret McMurray died. At that time and 'for many years prior thereto she and the plaintiff were husband and wife, living together as such. At the time of Margaret McMurray’s death the family consisted of the plaintiff, Kip McMurray, a son, and two daughters—Mrs. Eva F. Craig and Mrs. Carrie I. Barrows. Plaintiff was a contracting decorator, and he earned about $5,000 a year. It was his custom to make his wife a monthly allowance…

2Cases cited14 opinions

  1. Lataillade v. OreñaCalifornia Supreme Court · 1891
  2. Tarke v. BinghamCalifornia Supreme Court · 1898
  3. People Ex Rel. Post v. San Joaquin Valley Agric. Ass'nCalifornia Supreme Court · 1907
  4. Rowe v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1901
  5. Martin v. Southern Pacific Co.California Supreme Court · 1900

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3Cited by1 opinion

  1. Prentiss v. McWhirterCourt of Appeals for the Ninth Circuit · 1933

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