In re Bauquier

Good Law
1891 Cal. LEXIS 691·88 Cal. 302·26 P. 178
Supreme Court of CaliforniaMarch 18, 1891No. 14080California3,290 words

Opinion

Lead Opinion

Haven, J.

Mary C. Rode was named in the will of Joseph Bauquier, deceased, as executrix without bonds, and filed in the superior court of Sacramento County her petition for the probate of said will, and for the issuance to her of letters testamentary. Objections to her appointment as executrix were filed by her brothers, who were also legatees named in the will, upon the alleged ground that she in the lifetime of said Joseph Bauquier, “for the purpose of pecuniary gain, and to obtain an unjust and larger portion of the estate of said Joseph Bauquier, deceased, than she was legally or morally entitled to, and to defraud said Peter, Frank, and Joseph Bauquier of their just proportion of said estate, did, by means of intimidation, falsehood, fraud, deceit, misrepresentation, and undue influence, compel, influence, and induce her said father, the said Joseph Bauquier, deceased, to assign, set over and deliver ” to her $12,543.88 in money and certain described real and personal property, and that the said petitioner claims adversely to the estate to be the owner of said property so fraudulently obtained. This is followed by the general allegation “ that said Mary Rode is incompetent to act as…

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