Legal Opinion

Estate of Sandford

California Supreme Court

Decided January 15, 1854PublishedCited by 9 opinions

Appeal from the Fourth Judicial District. Rutenberg, as guardian of Louisa, filed a petition in the Probate Court of the County of San Francisco, against David T. Bagley, administrator of Samuel Sandford, alleging that Sandford, in his lifetime, recognized Louisa, in writing, to be his child, and as he had no other children, that she was his sole heir, and prayed for her maintenance out of Sandford’s estate and general relief.

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Appeal from the Fourth Judicial District. Rutenberg, as guardian of Louisa, filed a petition in the Probate Court of the County of San Francisco, against David T. Bagley, administrator of Samuel Sandford, alleging that Sandford, in his lifetime, recognized Louisa, in writing, to be his child, and as he had no other children, that she was his sole heir, and prayed for her maintenance out of Sandford’s estate and general relief. In support of his petition, he produced and proved a written agreement in Spanish, of which the following is a translation agreed upon and used by tbe counsel in tbe…

1Opinion of the CourtJustice Heydeneeldt

Mr. Ch. J. Murray concurred.

By the 2d section of the Act to Eegulate Descents and Distribution it is enacted, “ Every illegitimate child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child.”

By virtue of this Act, Louisa Sandford, by her guardian, claims to be the sole heir of Samuel Sandford, deceased, *14and a writing, signed by Sandford, is produced in evidence, to show the necessary acknowledgment of paternity.

After a careful consideration of the language of this instrument,…

2Cited by9 opinions

  1. Gird v. BennettCalifornia Supreme Court · 1910
  2. In re CollinsDistrict Court, S.D. California · 1956
  3. Mooney v. MooneySupreme Court of Missouri · 1912
  4. Pina v. PeckCalifornia Supreme Court · 1866
  5. Estate of LoydCalifornia Supreme Court · 1915

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