In re the Estate of O'Connor
California Supreme Court
APPEAL from an order of tbe Superior Court of the City and County of San Francisco admitting a will to probate. J. Y. Coffey, Judge. Tbe facts are stated in tbe opinion of tbe court. The court erred in excluding tbe certified copy of tbe certificate of death. (Pol. Code, sees. 3023-25;' Code Cíy.
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APPEAL from an order of tbe Superior Court of the City and County of San Francisco admitting a will to probate. J. Y. Coffey, Judge. Tbe facts are stated in tbe opinion of tbe court. The court erred in excluding tbe certified copy of tbe certificate of death. (Pol. Code, sees. 3023-25;' Code Cíy. Proc., see. 1920; Swamp Land Dist. v. Gwynn, 70 Cal. 566; People v. Grundell, 75 Cal. 303; Reclamation Dist. v. Wilcox, 75 Cal. 448; People v. Fairfield, 90 Cal. 186.) The court erred in refusing to allow tbe executor to be cross-examined in reference to tire original answer. (Johnson v. Powers, 65…
1Opinion of the CourtGaroutte,j.
The present action arises upon a contest of the probate of a will. The contestant appeals, and we find but two questions disclosed by the record demanding special consideration. One Behan was named as executor, and signed and verified the original answer to the contestant’s pleading. This answer was subsequently superseded by an amended answer. In the original answer Behan admitted that at about the hour of 10 A. M., July 17, 1896, “said decedent [O’Connor] was attacked by a stroke of apoplexy.” The will was made upon the same day, but the particular hour is not shown by the record. At the…
2Cases cited1 opinion
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