In re the Estate of Smith
California Supreme Court
Appeal from an order of the Superior Court of Sonoma Couuty, granting a new trial, and from an order amending a statement on motion for a new trial. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
was a contest in the court below over the probate of the alleged will of John B. Smith. The contest was inaugurated by Harry B. Smith and Allie W. Plumb, son and daughter of deceased, upon the grounds: —
1. That at the date of the execution of the will (December 28, 1878) said testator was not of sound and disposing mind and memory.
There were other objections to the will, but the evidence was confined to the one above stated, upon which the contest was determined; hence the others are unimportant here.
Upon the objection stated, the following issue or question was submitted to the…
2Cases cited8 opinions
- In re BauquierCalifornia Supreme Court · 1891
- In re the Estate of WiardCalifornia Supreme Court · 1890
- Estate of CalahanCalifornia Supreme Court · 1882
- In re Estate of WalkerlyCalifornia Supreme Court · 1892
- Loring v. IllsleyCalifornia Supreme Court · 1850
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3Cited by20 opinions
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- Estate of FayCalifornia Supreme Court · 1904
- Tuohy's EstateMontana Supreme Court · 1899
- Crockett v. CrockettSupreme Court of Iowa · 1906
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