Welch v. Huse
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. Nicholas A. Den died in 1862, leaving a will, in which he nominated defendants Huse and Hill his executors; and bequeathed to his wife, Bosa A. Den, his family carriage and horses used therewith, the furniture in his dwelling-house on the Bancho Dos Pueblos, and one fourth of his personal property, including cattle, horses, and sheep; and, “ during the term of her natural life, the right to…
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Appeal from the District Court, First Judicial District, County of Santa Barbara. Nicholas A. Den died in 1862, leaving a will, in which he nominated defendants Huse and Hill his executors; and bequeathed to his wife, Bosa A. Den, his family carriage and horses used therewith, the furniture in his dwelling-house on the Bancho Dos Pueblos, and one fourth of his personal property, including cattle, horses, and sheep; and, “ during the term of her natural life, the right to graze, maintain, and keep the cattle and live stock hereby bequeathed to her upon the said farm or rancho, known as the Dos…
1Opinion of the Court
By the Court, Crockett, J.:
The testator devised to his widow one fourth part of Ms personal property, including horned cattle, horses and sheep, and the will then proceeds as follows: “And I give and devise to her, during the term of her natural life, the right to graze, maintain and keep the cattle and live stock hereby bequeathed to her, upon the said farm or rancho known as the Dos Pueblos.” The only question presented on the present appeal is whether, under this clause of the will, the right of pasturage devised to the widow is to be limited to the identical cattle and live stock…
2Cited by5 opinions
- Estate of RussellCalifornia Supreme Court · 1968
- Hembree v. QuinnCalifornia Supreme Court · 1968
- Hill v. DenCalifornia Supreme Court · 1879
- In re Estate of RogersCalifornia Supreme Court · 1892
- Bailey v. BrownSupreme Court of Rhode Island · 1897