Lowry

Lowry v. County of Los Angeles

Good Law
1918 Cal. App. LEXIS 94·38 Cal. App. 158·175 P. 702
Court of Appeal of CaliforniaSeptember 7, 1918Civ. No. 2576.California2,704 words

Opinion

Lead Opinion

James, J.

A demurrer to the complaint of plaintiff was sustained and plaintiff declining to amend, judgment followed in favor of the defendant. The appeal is from the judgment so rendered.

The facts which we will detail are fully expressed in the complaint: In January of the year 1912 William.Morgan died. He was at that time a resident of the county of Los Angeles. In February, 1912, his last will was duly admitted to probate and the appointment of plaintiff as executor thereof confirmed. Morgan, in his will, bequeathed his interest in two thousand shares of the capital stock of a safety vault company (that being a corporation organized and existing under the laws of Illinois and having its principal place of business at the city of Chicago)' to three persons, the in terest being divided by apportioning 750 shares to each of two of such persons, and five hundred shares to the third. The person to whom the interest in five hundred shares of the stock was bequeathed, at the time of the death of Morgan, resided in California. One of the other two was and has continued to be a resident of the state of Illinois, while the third was a resident of the state of Illinois up to the twentieth day of…

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