Estate of Fleishman
Superior Court of California, County of San Francisco
Lena Fleishman died on November 16, 1891, leaving a husband and two brothers. On December 5, 1891, a petition was filed by the husband for the probate of a will dated November 15, 1891. On December 23, 1891, the brothers filed written grounds of opposition to the probate of the will. The grounds of contest appear from the opinion of the court.
1Opinion of the CourtCoffey, J.
The question here is whether the instrument propounded for probate as the will of Lena Fleishman, deceased, was signed by the persons whose names are appended thereto as subscribing witnesses in the presence of the testatrix.
Section 1276 of the Civil Code of California provides, in the matter of an attested will, subdivision 4, that there must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator’s request and in his presence.
In presence of the testator means that the testator must not only be present corporally, but mentally as…
2Cases cited190 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Jackson v. . JacksonNew York Court of Appeals · 1868
- City of Denver v. BayerSupreme Court of Colorado · 1883
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
185 more not listed; retrieve them via the Exa API.