White

White v. Deering

Good Law
1918 Cal. App. LEXIS 186·38 Cal. App. 433·177 P. 516
Court of Appeal of CaliforniaOctober 14, 1918Civ. No. 1827.California3,059 words

Opinion

Lead Opinion

Hart, J.

Sophia P. Comstock, a resident of the county of Sacramento, died on the thirty-first day of July, 1915, leaving a last will and testament, of which, after due proceedings, defendant, Mabel Peering, was appointed and qualified as executrix. In due time plaintiff presented to said executrix her claim against said estate for “services as nurse, housekeeper and secretary, requiring constant service during the day and night, from December 12, 1913, to and including July 31, 1915, $1,963,” which said claim was by the defendant rejected, and this action was brought to recover thereon. The case was tried before a jury and a verdict was rendered for the amount sued for. Prom the judgment in favor of plaintiff, which followed the verdict, defendant prosecutes this appeal.

A codicil to the will of Miss Cojnstock, dated April 17, 1914, contained the following provision: “I also give to Miss Gladys White my piano, my books and my Haviland china.-’ ’ In another codicil, dated April 24, 1914, was the following provision: “I give to Miss Gladys White in addition to the personal articles given to her by a previous codicil my fifty shares of Arcade Park stock or the sum of one thousand five…

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