Estate of Lathrop

In Re the Estate of Lathrop

Good Law
165 Cal. 243·1913 Cal. LEXIS 413·131 P. 752
Supreme Court of CaliforniaApril 4, 1913S.F. No. 6299.California1,652 words

Opinion

Lead Opinion

Henshaw, J.

Ariel Lathrop died in 1908 in the county of Rensselaer, state of New York, of which county and state he was a resident at the time of his death. With other heirs at law he left Aimee Lathrop Hanson, appellant herein, the daughter of a deceased brother. His last will and testament was probated in the state of New York. This will admittedly made a valid disposition of the property belonging to his estate under the laws of the state of New York, and was executed in accordance with those laws, as well as in accordance with the laws of this state. Under the probate proceedings in New York State, the respondents, Russell M. Johnston and Donald McCredie, were appointed executors. Under his will all the property of his estate, with the exception of twenty-eight thousand five hundred dollars, was devised and bequeathed to charity. The value of his estate was between two hundred and two hundred and fifty thousand dollars. Under the laws of the state of New York this disposition was valid. After the original probate of the will, proceedings were duly taken to have the will admitted to probate in this state, pursuant to section 1322 et seq. of the Code of Civil Procedure. Application for…

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