Legal Opinion

Lewis v. Lewis

California Supreme Court

Decided July 1, 1861PublishedCited by 4 opinions

Appeal from the Probate Court of San Joaquin county. John B. Lewis died intestate in 1859, leaving him surviving no descendants, nor father nor mother, but several brothers and sisters and the children of a deceased sister, and also his wife, who was appointed administratrix of his estate.

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Appeal from the Probate Court of San Joaquin county. John B. Lewis died intestate in 1859, leaving him surviving no descendants, nor father nor mother, but several brothers and sisters and the children of a deceased sister, and also his wife, who was appointed administratrix of his estate. At the expiration of the usual ten months’ notice to creditors, the administratrix filed a petition for final distribution of the estate, and claiming as surviving wife the entire estate as community property. The brothers, sisters and the minor children of the deceased sister of the deceased opposed' the…

1Opinion of the CourtBaldwin, J.

Cope, J. concurring.

This was a proceeding in the Probate Court for the settlement of an estate. The deceased, John B. Lewis, was a married man at the time of his death, and died in the year 1859, intestate, leaving no issue, and a wife surviving him. The marriage took place in August, 1854. It seems that at this time, the deceased owned as his separate property, cattle, etc., worth about $20,000. He was engaged in the business of buying and selling cattle, etc. Of course, repeated changes would be made of the original stock— other cattle bought and sold,, etc. At the time of the death, his…

2Cited by4 opinions

  1. Yesler v. HochstettlerWashington Supreme Court · 1892
  2. Schmidt v. HuppmannTexas Supreme Court · 1889
  3. In re Estate of Foster, Superior Court of California, County of San Francisco1909
  4. In re Estate of Granniss, Superior Court of California, County of San Francisco1902

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