The probate law and practice of California: containing all the statutes of the state, relating to probate courts and the jurisdiction thereof, the settlement of estates of deceased persons, the duties of guardians, descents, wills, etc., etc. : with judicial decisions of this and other states, and an appendix of forms
H.H. Bancroft & Company, 1861 - 241 sider
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The probate law and practice of California: containing all the statutes of ...
David Price Belknap
Uten tilgangsbegrensning - 1861
admin affidavit aforesaid allegations allowed amended portion amount appear Appendix application appointed appraisement approved April attorney bond Brad California child citation city and county claim clerk conveyance County Judge county of San court or judge creditors death debts deceased person decree devisees district court dollars duly entitled escheated execution executor or administrator executors and administrators expenses filed Forms granted guardian guardianship hearing heirs hereby homestead husband Ibid indenture intestate inventory issue istrator James Blair judgment jurisdiction land letters of administration letters testamentary manner matter minor mortgage necessary notice oath order of sale paid parties payment personal estate persons interested petition petitioner portion in italics praying prescribed probate court proceedings proof public administrator real estate rendered resident revoked sale of real San Francisco settlement show cause sold statute sureties surviving partner Texas thereof tion ward William Duer witnesses
Side 216 - It shall be lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent as her trustee, to cause to be insured, for her sole use, the life of her husband...
Side xciv - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Side cxxx - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Side 172 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Side xciv - ... less than four, nor more than ten weeks from the time of making such order, to show cause why an order should not be granted...
Side 210 - ... they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise or bequest or other provision in the will would thereby be defeated, in which case such specific devise, legacy or provision may be exempted from such apportionment, and a different apportionment may be adopted in the discretion of the probate court.
Side ccxliv - Signed sealed published and declared by the said Robert Flint as and for his last will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Side 145 - If the decedent leaves several children, or one child and the issue of one or more children, and any such surviving child dies under age and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in equal shares to the other children of the same parent and to the issue of any such other children who are dead, by right of...
Side 172 - If any child, or other lineal descendant, so advanced shall die before the intestate, leaving issue, the advancement shall be taken into consideration, in the division and distribution of the estate, and the amount thereof shall be allowed accordingly, by the representatives of the heirs so advanced, in like manner as if the advancement had been made directly to them.
Side 210 - When any testator shall omit to provide in his will for any of his children, or for the issue of any deceased child, and it shall appear that such omission was not intentional, but was made by mistake or accident, such child, or the issue of such child, shall have the same share in the estate of the testator as if he had died intestate, to be assigned as provided in the preceding section.