Cleghorn

Cleghorn v. Zumwalt

Good Law
1890 Cal. LEXIS 656·83 Cal. 155·23 P. 294
Supreme Court of CaliforniaFebruary 25, 1890No. 13394California852 words

Opinion

Lead Opinion

Fox, J.

Action to reform a deed. Judgment for defendant, and plaintiff appeals. The case comes up on the judgment roll.

• It appears from the findings that in October, 1885, Mary Clegborn, then a minor, was the owner of an undivided one-tenth interest in the northwest quarter of section 11, township 18 north, range 6 west, Mount Diablo meridian, which she had inherited from her father; that upon the death of her father a one-half interest in said land passed to her mother, who had also died in October, 1885; that in the course of settlement of the estate of the mother, and on the eighth day of May, 1886, the said one-half interest so held by the mother was, by an order of the probate court duly given and made, set apart to and declared to be the property of said Mary, but she was then advised by her counsel that this order only gave her the use of the property during her minority, and that upon her becoming of age her brothers and sisters would take each a one-fifth interest therein, the same as they7 had done in her father’s *157 estate, leaving one fifth to her, thus vesting in her at her majority two undivided tenths, or one undivided fifth of the whole title to the tract.

The court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.