Cazaurang

Cazaurang v. Carrey

Good Law
117 Cal. App. 511·1931 Cal. App. LEXIS 523·4 P.2d 259
Court of Appeal of CaliforniaOctober 16, 1931Docket No. 910.California2,001 words

Opinion

Lead Opinion

Barnard, J.

The plaintiff was the wife of Jean Cazaurang for more than twenty years before he died on June 15, 1929. After his death, three purported last wills were offered for probate in the Superior Court of San Diego County. One dated April 25, 1928, was offered by this plaintiff; another dated March 5, 1929, was offered by Martin L. Haines; and a third, dated June 11, 1927, was offered by Marie Lees. This action was brought by the plaintiff, seeking an injunction for the purpose of restraining the interested parties from probating the last two of the above-mentioned instruments.

The complaint alleges that the plaintiff and her husband were the owners of a certain ranch containing approximately 16,00-0 acres; that on February 28, 1926, Jean Cazaurang represented to the plaintiff that it would be to their mutual interest to make reciprocal wills to the end that in the event of the death of either, there might be no necessity for partitioning the ranch property; that pursuant to such representations she entered into an agreement with her husband to make reciprocal wills; that such wills were executed on February 28, 1926, copies of the wills being attached to the complaint; that the said…

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