Home/California Supreme Court/Herbert v. Lankershim

Herbert v. Lankershim

71 P.2d 220, 9 Cal. 2d 409, 1937 Cal. LEXIS 411
CourtCalifornia Supreme Court
DecidedAugust 23, 1937
DocketL. A. 15762
StatusPublished
Cited by157 cases

This text of 71 P.2d 220 (Herbert v. Lankershim) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herbert v. Lankershim, 71 P.2d 220, 9 Cal. 2d 409, 1937 Cal. LEXIS 411 (Cal. 1937).

Opinion

SEAWELL, J.

J. B. Lankershim, commonly known as Colonel Lankershim, a resident of the city and county of Los Angeles, state of California, died testate on October 16, 1931, at the city of Brooklyn, state of New York. He left a large and valuable estate. J. Wiseman Macdonald and Bank of America National Trust and Savings Association *417 were appointed special administrators, with general powers as to the management of Ms estate.

By paragraph IV, count one, of the complaint, denominated “Complaint—Money on Contract”, plaintiff alleges:

“That during the lifetime of said decedent and on the 10th day of October, 1927, said deceased J. B. Lankershim at and in the city of Los Angeles ... in consideration of and on account of services rendered by plaintiff to and for J. B. Lankershim at his special instance and request,' at divers times and occasions between January 4, 1924, and January 1, 1928, as a companion to him and in reading to Mm, administering to his wants; caring for his welfare; preparing food, meals and delicacies for him; attending to and caring for his wearing apparel and linen; aiding and assisting him in dressing and undressing and other activities of life; protecting him from artful and designing persons; consoling and sympathizing with him in times of worry, anxiety, displeasure and disappointment; nursing and administering to him in times of sickness and ill health; preparing and administering medicines and other treatment as directed by physicians or desired by him and otherwise caring for and administering to his comfort, contentment, welfare, happiness and pleasure, made executed and delivered a certain instrument in writing,” which is marked “Exhibit 1”, of which the accompanying photoprint is a facsimile. (See reproduction on page 418.)

*418

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Bluebook (online)
71 P.2d 220, 9 Cal. 2d 409, 1937 Cal. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herbert-v-lankershim-cal-1937.