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Articles 1 - 23 of 23
Full-Text Articles in Law
Estate Of Neubauer, Jesse W. Carter
Estate Of Neubauer, Jesse W. Carter
Jesse Carter Opinions
A charitable gift was not revoked where the probate court admitted both the original will and the altered duplicate, as a holographic codicil, and the heirship proceeding could not revisit the issue of what constituted the decedent's will.
Estate Of Heard, Jesse W. Carter
Estate Of Heard, Jesse W. Carter
Jesse Carter Opinions
Trial court properly ordered trustee to pay monthly income to income beneficiary under will requiring payment to individuals or their lawful issue, as testatrix's will was allowed to include adopted children who were adopted after testatrix's death.
Estate Of Fallon [Dissent], Jesse W. Carter
Estate Of Fallon [Dissent], Jesse W. Carter
Jesse Carter Opinions
A widow was not entitled to a family allowance upon decedent's death because the widow had previously been awarded support for one year, and she did not show that circumstances had changed so that she was entitled to additional support.
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Jesse Carter Opinions
An administratrix's argument that because a guardianship had terminated, the guardian had no capacity to act for the estate, was without merit because the guardianship did not terminate until the judgment of the district court became final.
Estate Of Stanford, Jesse W. Carter
Estate Of Stanford, Jesse W. Carter
Jesse Carter Opinions
Distribution to children adopted after the death of a testatrix was proper where the will named the children without conditions, and distribution to a child's successor was proper because the bequest was not contingent on the child's survival.
Hilton V. Mcnitt, Jesse W. Carter
Hilton V. Mcnitt, Jesse W. Carter
Jesse Carter Opinions
As the property settlement and divorce decree provided that the decedent was to pay the claimant a finite series of monthly support payments, the executor properly denied the claimant's demand for payments that accrued after the decedent's death.
Carney V. Simmonds, Jesse W. Carter
Carney V. Simmonds, Jesse W. Carter
Jesse Carter Opinions
The motion for a new trial by an administratrix was properly granted because a reasonable construction of her complaint would point to a fraudulent exclusion of the administratrix from the hearing on the application to set aside her son's estate.
Estate Of Poisl, Jesse W. Carter
Estate Of Poisl, Jesse W. Carter
Jesse Carter Opinions
The court denied defendant widow's motion to dismiss plaintiff attorney's appeal, in plaintiff's suit for attorney's fees because the receipt of payment of the award of attorney's fees did not bar the appeal from that award.
Estate Of Radovich, Jesse W. Carter
Estate Of Radovich, Jesse W. Carter
Jesse Carter Opinions
Where an individual had been declared to be an adopted son in equity for purposes of inheriting an estate, it was error to impose an inheritance tax at the rate applicable to a stranger, as the declared status was final and res judicata.
Woods V. Security-First Nat'l Bank, Jesse W. Carter
Woods V. Security-First Nat'l Bank, Jesse W. Carter
Jesse Carter Opinions
Where plaintiff alleged that defendants were not entitled to distribution because the deceased made an oral agreement with plaintiff, plaintiff was entitled to one-half of the deceased's property based on res judicata.
Van Strien V. Jones [Dissent], Jesse W. Carter
Van Strien V. Jones [Dissent], Jesse W. Carter
Jesse Carter Opinions
A deceased's daughter was not pretermitted heir under California Probate Code where her father's will bequeathed, upon contest, $1 to a person who, had he died intestate, would be entitled to share in estate; widow's demurrer was properly sustained.
Estate Of Poisl, Jesse W. Carter
Estate Of Poisl, Jesse W. Carter
Jesse Carter Opinions
A widow was entitled to have the testator's pre-marital will revoked because the mere naming of the widow in a legacy without any indication that she was a prospective spouse was not enough to prevent revocation of the will under California law.
Estate Of Welch [Dissent], Jesse W. Carter
Estate Of Welch [Dissent], Jesse W. Carter
Jesse Carter Opinions
The denial of a will to probate based on undue influence was improper where there was no evidence that the will was the product of coercion or land of free will at the time that the will was executed.
Berger V. O'Hearn [Dissent], Jesse W. Carter
Berger V. O'Hearn [Dissent], Jesse W. Carter
Jesse Carter Opinions
A creditor's action against estate to recover debt owed by decedent was time barred, as it was not filed against the administrator within the statute of limitations, and filing a claim with the probate court did not amount to commencing an action.
Estate Of Duke [Dissent], Jesse W. Carter
Estate Of Duke [Dissent], Jesse W. Carter
Jesse Carter Opinions
The widower was not entitled to receive a portion of his wife's estate, when the language in her will showed her intent not to provide for him in the will, even though the language in the will did not specifically name the widower.
Estate Of Sargavak, Jesse W. Carter
Estate Of Sargavak, Jesse W. Carter
Jesse Carter Opinions
While declarations of the testator before and after the execution of a will were admissible for the purpose of showing intent, they were not admissible for the purpose of proving the meaning the testator attributed to specific provisions.
Estate Of Ferrall [Dissent], Jesse W. Carter
Estate Of Ferrall [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court reversed a decision requiring a co-trustee to determine the amounts necessary and sufficient to pay for the incompetent beneficiary's necessary needs, and to invade the corpus if required; no abuse of discretion by co-trustee was shown.
Estate Of Arbulich [Dissent], Jesse W. Carter
Estate Of Arbulich [Dissent], Jesse W. Carter
Jesse Carter Opinions
Reciprocal inheritance rights prescribed by the probate code did not exist between residents and citizens of the U.S. and those of Yugoslavia as to real or personal property. Thus, the decedent's Yugoslav brother could not share in the estate.
Estate Of Jamison, Jesse W. Carter
Estate Of Jamison, Jesse W. Carter
Jesse Carter Opinions
Evidence produced by contestants that a testator had difficulty with figures and that cherished family members received little under a holographic will was sufficient to create a triable issue of fact on the issue of undue influence.
Fredrickson V. Superior Court Of San Francisco, Jesse W. Carter
Fredrickson V. Superior Court Of San Francisco, Jesse W. Carter
Jesse Carter Opinions
A creditor's motion to vacate an order to settle an estate was properly granted when, although notice of the motion did not contain grounds of inadvertence or excusable neglect, the issues were presented at the hearing and no objection was raised.
Estate Of Lingenfelter [Dissent], Jesse W. Carter
Estate Of Lingenfelter [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because a will contestant failed to show either diminished capacity or undue influence over the testator, the proposed will should have been probated.
Estate Of Harootenian [Dissent], Jesse W. Carter
Estate Of Harootenian [Dissent], Jesse W. Carter
Jesse Carter Opinions
A judgment lien creditor, who had perfected a lien at the time the property would devolve to the heir if the will would be set aside, was an interested person entitled to intervene and contest the will.
Green V. Brown, Jesse W. Carter
Green V. Brown, Jesse W. Carter
Jesse Carter Opinions
The holder of a life estate in the residence that he and his deceased wife had given to his deceased wife's daughter and her husband had the right to live in the house with his new wife despite the donees' objections.