In re Estate of Cobb
In the Matter of the Estate of MARY COBB
- Area
- probate
- Panel
- William T. Wallace (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Wallace
By the Court, Wallace, C. J.:
1. The Court proceeded to hear the petition for the probate of the will, without proof of service of notice upon the heirs of the testatrix, in accordance with the requirements of section 1306 of the Code of Civil Procedure—several of the heirs not appearing to the proceeding. This was error.
2. The instrument offered being evidently of a testamentary character, upon application to admit it to probate, the inquiry is only as to the mental condition of the testatrix; whether she was acting under duress, menace, fraud, or undue influence; whether the will was duly executed, and the like. The other questions attempted to be raised by the objections filed in the case concern the construction to be placed upon the will, and cannot be considered until it shall have been admitted to probate.
Order reversed and cause remanded for further proceedings. Remittitur forthwith.
Mr. Justice Crockett did not express an opinion.
Cited by
- Hazel Hurst Foundation v. Eames L. A. 24410 · 1958-02-21
- Estate of Montgomery Civ. No. 16573 · 1949-01-13
- Brown v. Jackson Civ. No. 16573 · 1949-01-13
- Estate of Plaut L. A. No. 19038 · 1945-12-18
- Low v. Low L. A. No. 19038 · 1945-12-18
- Estate of Dunn Civ. 10991 · 1939-04-18
- Burnett v. Burnett Civ. No. 1379 · 1935-04-11
- Randall v. Philbrook S. F. No. 8521. · 1918-01-29
- In Re Estate of Cook L. A. No. 4561. · 1916-10-13
- Estate of Fay S. F. 3776 · 1904-10-05
- Thornagel v. Pforr S.F. No. 3782. · 1904-07-13