In re Estate of Stewart
California Supreme Court
Appeal from an order of the Superior Court of San Joaquin County distributing the estate of a deceased person. The testator, Frank Stewart, died on the 27th of July, 1883, leaving an estate of the value of $429,457, which was entirely community property. He left a surviving wife, but no descendants.
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Appeal from an order of the Superior Court of San Joaquin County distributing the estate of a deceased person. The testator, Frank Stewart, died on the 27th of July, 1883, leaving an estate of the value of $429,457, which was entirely community property. He left a surviving wife, but no descendants. The material portions of his will, which was duly admitted to probate, are as follows : ■—■ “1. After all my just debts are paid, I give and bequeath to my beloved wife, Bettie Stewart, one half of ' all my estate; the southeast quarter ({-) of block No. 113, east of Center Street, in the city of…
1Opinion of the Court
The Court.
There is no merit in the motion to dismiss the appeal herein. It is therefore denied.
No citation of authorities is required to show that a will is to be construed according to the intention of the testator. Such is the rule prescribed by the code; it is elementary; it has always been a cardinal canon. As said in Morrison v. Bowman, 29 Cal. 337, the intention of the testator is to be kept in view as the pole-star in the construction or interpretation of the will.
The language of every clause in the will before us bears evidence of the fact that the testator intended to deal with the…
2Cases cited2 opinions
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Noe v. SplivaloCalifornia Supreme Court · 1880
3Cited by15 opinions
- Spreckels v. SpreckelsCalifornia Supreme Court · 1916
- Blethen v. Pacific Mutual Life InsuranceCalifornia Supreme Court · 1926
- In re Estate of SmithCalifornia Supreme Court · 1895
- Howard v. BennettCalifornia Court of Appeal · 1945
- Estate of MooreCalifornia Court of Appeal · 1923
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