Mastick

Mastick v. Superior Court

Good Law
1892 Cal. LEXIS 688·94 Cal. 347·29 P. 869
Supreme Court of CaliforniaApril 26, 1892No. 14820California415 words

Opinion

Lead Opinion

Paterson, J.

The petitioner drew a will for Mrs. Langdon, which she executed and left in his possession, with directions to retain the same, unless otherwise directed, and at her death to deliver it to the person named as executor therein. Some time afterwards, — the exact time does not appear,■—-Mrs. Langdon sent a messenger to petitioner, requesting him to deliver the package to the former. This request was complied with, and subsequently the same messenger, at the request of Mrs. Langdon, delivered to petitioner a sealed package, indorsed on the envelope, “ Mrs. Langdon’s will.” This package was placed in the petitioner’s safe, and the possession thereof has ever since been retained by him. It does not appear who made the indorsement on the envelope, nor does any one know the contents of the package. Some time after it was returned to the petitioner, Mrs. Langdon became incompetent to manage her affairs, and after due proceedings had, R. M. Fitzgerald was, on December 17, 1890, appointed guardian of her person and estate. Thereafter said guardian demanded of the petitioner the delivery of all property and instruments in his hands belonging to the estate of Mrs. Langdon. The petitioner…

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