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(Download) "Estate Of Augusta C. Callahan V. Young" by Supreme Court Of California In Bank * Book PDF Kindle ePub Free

Estate Of Augusta C. Callahan V. Young

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eBook details

  • Title: Estate Of Augusta C. Callahan V. Young
  • Author : Supreme Court Of California In Bank
  • Release Date : January 07, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

SULLIVAN, J. On January 18, 1963, a holographic instrument dated July 7, 1950, was admitted to probate as the last will of Augusta C. Callahan. Within six months after probate (see Prob. Code, § 380) Harriett A. Finley and Josie M. Hennenberg*fn1 filed their contest of the will on the grounds of   lack of testamentary capacity; undue influence and fraud exercised by Margaret C. Young, decedent's niece, guardian, principal beneficiary and one of the proponents of her will; and lack of due execution of said document. The last ground of contest was presented to the court as a separate issue, decision of other issues to be reserved pending its determination. On July 20, 1964, the court revoked probate of the will, finding lack of due execution, and the proponents appealed. In Estate of Callahan (1965) 237 Cal. App. 2d 818 [47 Cal. Rptr. 220], it was held that the will was legally sufficient in its execution, form, and content to constitute a will, and the order of the superior court revoking probate was accordingly reversed, with direction to try the other issues involved in the


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