Estate of McCloud

California Superior Court, San Francisco County

Estate of McCloud

1 Myrick 23

CourtSuperior Court of California, County of San Francisco

DecidedJanuary 2, 1873

StatusPublished

This text of 1 Myrick 23 (Estate of McCloud) is published on Counsel Stack Legal Research, covering Superior Court of California, County of San Francisco primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of McCloud, 1 Myrick 23 (Cal. Super. Ct. 1873).

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Opinion

[24]*24Deceased attempted to make a will in 1866; lie wrote it and signed it with his own hand, but it was not witnessed. McCloud died before Jan. 1, 1873, when the new codes went into effect. Under the codes, no witness is necessary to an olographic will; but under the law as it existed at the death of McCloud, all wills must be witnessed.

By the Court:

The failure to have the paper witnessed is fatal to its validity as a will. The law in force at the death of a person furnishes the rule by which the validity of an alleged will is to be determined. Probate denied.

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[24]*24Deceased attempted to make a will in 1866; lie wrote it and signed it with his own hand, but it was not witnessed. McCloud died before Jan. 1, 1873, when the new codes went into effect. Under the codes, no witness is necessary to an olographic will; but under the law as it existed at the death of McCloud, all wills must be witnessed.

By the Court:

The failure to have the paper witnessed is fatal to its validity as a will. The law in force at the death of a person furnishes the rule by which the validity of an alleged will is to be determined. Probate denied.

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Bluebook (online)

1 Myrick 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-mccloud-calsuppctsf-1873.