Griffiths v. Johnson
California Supreme Court
APPEAL from an order of the Superior Court of Alameda County admitting a will to probate as a lost or destroyed will. William S. Wells, Judge. Affirmed. The facts are stated in the opinion of the court.
1Opinion of the CourtWilbur, J.
This is an appeal from .an order admitting a will of Delia M. Sweetman, deceased, to probate, as a lost or destroyed will. The main question at issue in the case is whether or not the will was in existence at the time of the death of the testatrix. The will was last seen in the possession of the testatrix in November, 1916, two and a half months previous to her death. The proponent of the will relies upon declarations made by the testatrix during that period to establish its continued existence, to overcome the presumption of its destruction with intent to revoke, arising from the possession…
2Cases cited4 opinions
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Luis v. MuhrbackOregon Supreme Court · 1907
- Maynard v. KeeneMichigan Supreme Court · 1915
- Rape v. CochranCourt of Appeals of Texas · 1919
3Cited by23 opinions
- Estate of Bristol v. YoungCalifornia Supreme Court · 1943
- Gorman v. TaylorCalifornia Supreme Court · 1926
- In Re Estate of ThompsonCalifornia Supreme Court · 1921
- In Re Creger's EstateSupreme Court of Oklahoma · 1929
- In Re Estate of JohnstonCalifornia Supreme Court · 1922
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