In re the Estate of Garcelon
California Supreme Court
Appear from an order of the Superior Court of Ala-meda County dismissing a petition for the revocation of the probate of a will. The appellant is a nephew of Catherine M. Garcelon, deceased, and this appeal is taken from an order of the superior court of Alameda county dismissing his petition, contesting the validity of a document theretofore admitted to probate in that court as the last will and testament of said decedent, and praying that the probate thereof be revoked.
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Appear from an order of the Superior Court of Ala-meda County dismissing a petition for the revocation of the probate of a will. The appellant is a nephew of Catherine M. Garcelon, deceased, and this appeal is taken from an order of the superior court of Alameda county dismissing his petition, contesting the validity of a document theretofore admitted to probate in that court as the last will and testament of said decedent, and praying that the probate thereof be revoked. The petition avers that the document so admitted to probate is not the will of said decedent by reason of the fact that…
1Opinion of the CourtDe Haven, J.
1. Notwithstanding the genuineness and due execution of the compromise agreement, as contained in the several instruments set out in the answers, were admitted by the failure of petitioner to file an affidavit denying the same (Code Civ. Proc., sec. ■448), he still insists that the court erred in dismissing the petition without giving him an opportunity to show that such agreement was, in fact, without consideration, or that his consent thereto was obtained by fraud, or that it had been extinguished by rescission, or that performance thereof had been waived by the deceased. It is true that,…
2Cases cited7 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Lawrence v. CockeTennessee Supreme Court · 1847
- Dakin v. DakinMichigan Supreme Court · 1893
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- Hayes v. GoodwinCourt of Appeals of Kentucky · 1862
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