(DOWNLOAD) "People v. Acosta" by Second Appellate District, Division One District Court Of Appeal Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Acosta
- Author : Second Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 30, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Petitioners allege they are beneficiaries under the will of George Anthony Kearns, who left all his estate to his fiancee Emma Traung Hammersmith and made her executrix of his will, but in a separate provision directed her to provide for the petitioners, his nieces. The executrix petitioned the superior court for instructions as to the interpretation of this provision. That court held that the words were precatory. On appeal this court held them to be mandatory. The Supreme Court took over and held that the clause was of uncertain meaning and that the superior court had erred in refusing to hear extrinsic evidence of circumstances which could clarify testators intention. (Estate of Kearns, 36 Cal. 2d 531 [225 P.2d 218].)