Payne v. Payne
California Supreme Court
Appeal from the Twelfth District. The following are copies of the will of Theodore Payne, the letter accompanying the will addressed to his wife, and the codicil to the will#»which are mentioned in the opinion of the Court: [copy of the will.] “ In the name of God, amen.
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Appeal from the Twelfth District. The following are copies of the will of Theodore Payne, the letter accompanying the will addressed to his wife, and the codicil to the will#»which are mentioned in the opinion of the Court: [copy of the will.] “ In the name of God, amen. I, Theodore Payne, of the city of San Francisco, in the State of California, being of sound mind and memory, do make, publish and declare this my last will and testament, in the manner following: I hereby give, grant, devise and bequeath all my estate, real, personal and miked, of every name and description and wheresoever…
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
This is an amicable suit to determine the rights of the parties under the will of Theodore Payne, late of the city and county of San Francisco. Payne died on the ninth of April, 1861, possessed of a large property in real estate, situated in that city, and leaving surviving him a widow, the plaintiff, and three infant children, the defendants, the lawful issue of himself and plaintiff. The real estate was common property belonging to the community existing between him and the plaintiff. By a will bearing date on the fourteenth of August, 1857, he gave all…
2Cases cited3 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- Beard v. KnoxCalifornia Supreme Court · 1855
- Terry v. FosterMassachusetts Supreme Judicial Court · 1804
3Cited by43 opinions
- Spreckels v. SpreckelsCalifornia Supreme Court · 1916
- Torregano v. TorreganoCalifornia Supreme Court · 1960
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- In Re Estate of TrickettCalifornia Supreme Court · 1925
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