Roach

Roach v. Whalen

Good Law
1913 Cal. App. LEXIS 108·22 Cal. App. 508·135 P. 57
Court of Appeal of CaliforniaJuly 29, 1913Civ. No. 1142.California2,171 words

Opinion

Lead Opinion

Chipman, J.

This is an appeal from the order denying the motion of defendants, Flack and Jaeobs, to change the place of trial from San Joaquin County, where the action was commenced, to the county of Los Angeles. The ground of the motion was that all the defendants, other than defendants Flack and Jacobs, at the commencement of the action were nonresidents of this state and that defendants Flack and Jacobs were residents of the county of Los Angeles, this state.

It appears from the complaint, that one George Roach died testate, in 1872, in the county of San Joaquin, and was then a resident of said county, ‘ ‘ and left an estate therein consisting of real and personal property of the then probable value of $15,500”; that, by the will of deceased, his widow, Margaret, was given a life estate in said property, and at her death it was to go to his brothers and sisters and their descendants, according to the law of distribution of this state; that, in September, 1872, said will was duly admitted to probate, by order of the probate court of San Joaquin County; that plaintiff is a nephew of the deceased, whose father, Thomas Roach, was a brother of deceased, and is entitled to share in the…

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