Estate of Ricaud

California Superior Court, San Francisco County

Estate of Ricaud

1 Coffey 220

CourtSuperior Court of California, County of San Francisco

DecidedFebruary 5, 1887

DocketNo. 7,754

StatusPublished

This text of 1 Coffey 220 (Estate of Ricaud) 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 Ricaud, 1 Coffey 220 (Cal. Super. Ct. 1887).

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Opinion

COFFEY, J.

The final brief in this matter was filed November 29, 1886, which should be considered the date of actual submission of the controversy.

1. The theory of the contestants’ counsel does not fit the facts in this ease. If I correctly apprehend the respective arguments of counsel, the position assumed by the executors is the true legal one. “The widow can claim to own an undivided half only of such property as is distributed in kind, and then only after distribution.” If she have received one-half of the community property her right as survivor is satisfied.

Exception and objection denied and overruled.

2. The prosecution of the appeal seems to have been necessary to obtain a final judicial determination of the rights and duties of the executors.

Exception and objection denied and overruled. Account allowed.

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COFFEY, J.

The final brief in this matter was filed November 29, 1886, which should be considered the date of actual submission of the controversy.

1. The theory of the contestants’ counsel does not fit the facts in this ease. If I correctly apprehend the respective arguments of counsel, the position assumed by the executors is the true legal one. “The widow can claim to own an undivided half only of such property as is distributed in kind, and then only after distribution.” If she have received one-half of the community property her right as survivor is satisfied.

Exception and objection denied and overruled.

2. The prosecution of the appeal seems to have been necessary to obtain a final judicial determination of the rights and duties of the executors.

Exception and objection denied and overruled. Account allowed.

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Bluebook (online)

1 Coffey 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-ricaud-calsuppctsf-1887.