In re Estate of Delaney
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. Matthew Delaney died at San Francisco on the 19th day of December, 1865, leaving him surviving his wife, Mary Delaney, and three children, Edward J. Delaney, Cecilia M. Delaney, now Cecilia M. Wynants, and the appellant, Mary A. Delaney, now Mary A. McCurrie, wife of J. P. McCurrie, who are the only heirs of the deceased.
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Appeal from the Probate Court of the City and County of San Francisco. Matthew Delaney died at San Francisco on the 19th day of December, 1865, leaving him surviving his wife, Mary Delaney, and three children, Edward J. Delaney, Cecilia M. Delaney, now Cecilia M. Wynants, and the appellant, Mary A. Delaney, now Mary A. McCurrie, wife of J. P. McCurrie, who are the only heirs of the deceased. On the 30th of May, 1865, said Matthew Delaney made his will, in which, after making several specific devises, he gave and devised to his executors the residue of his estate in trust, with directions to…
1Opinion of the Court
By the Court, Rhodes, J.:
The petitioner attacks the conveyances made by the executor, on the grounds that it does not appear from the will, that the testator intended to give the executor the power of sale without a compliance with the provisions of the Probate Act, in respect to procuring orders of sale and confirmation; and that such orders were absolutely essential to the validity of the executor’s sales and conveyances, without regard to the intention of the testator. The section upon which reliance is mainly placed is section one hundred and seventy-eight of the Probate Act, as amended…
2Cases cited3 opinions
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