Legal Opinion

Estate of Jessup

Superior Court of California, County of San Francisco

Decided March 29, 1891No. 5681Published

Gershom P. Jessup died on November 2, 1886, leaving a will dated August 28, 1867. The will was admitted to probate on November 22, 1886, and letters testamentary issued to S. 0. Putnam and Isaac Jessup, the executors therein named. The testator was never married, and his entire estate was devised to his brother Isaac and his two sisters.

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Gershom P. Jessup died on November 2, 1886, leaving a will dated August 28, 1867. The will was admitted to probate on November 22, 1886, and letters testamentary issued to S. 0. Putnam and Isaac Jessup, the executors therein named. The testator was never married, and his entire estate was devised to his brother Isaac and his two sisters. On April 11, 1887, the petitioner, describing himself as Richard P. Jessup, filed his petition, in which, after stating the preliminary facts showing the condition of the estate, etc., he averred that he was the son of the testator and Josie Landis, deceased;…

1Opinion of the CourtCoffey, J.

This matter comes before this court for a second and a new trial, having been remitted hereto by the supreme court, upon the ground that under the evidence in the former trial the decedent herein never did publicly acknowledge the petitioner as his own child, nor receive him into his family, nor otherwise treat him as if he were a legitimate child, and that the evidence was insufficient to justify the decision of this court upon the first hearing of the application, which decision was rendered on the third day of March, 1888: In re Jessup, 81 Cal. 434, 21 Pac. 976, 22 Pac. 742, 1028, 6 L. R.…

2Cases cited7 opinions

  1. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  2. In re the Estate of JessupCalifornia Supreme Court · 1889
  3. In re Estate of PicoCalifornia Supreme Court · 1877
  4. Pina v. PeckCalifornia Supreme Court · 1866
  5. Heirs of Nieto v. CarpenterCalifornia Supreme Court · 1863

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