Wolseley
Wolseley v. Murphy
Opinion
lead Opinion
McFarland, J.
Anna L. Murphy, deceased, died at London, England, on March 30,1891. She was a widow at the time of her death; and her heirs at law were her three sons, Eugene K.'L. Murphy, Samuel J. Murphy, and Daniel T. Murphy, her married daughter, Anna L. Wolseley, and her three unmarried daughters, Mary Helen Murphy, Frances Josephine Murphy, and Mary Margaret Isabella Murphy, all of legal age. She left property in Alameda county, California. On June 20, 1891, Victor H. Metcalf filed a petition in the superior court of said county, in which he set, forth that said deceased left two certain written instruments, each dated May 13,1890, which he alleged to be her will, and prayed that they be admitted to probate as such will. He also averred that the heirs competent to administer had requested in writing that he be appointed administrator of the estate of the deceased, and prayed that he be so appointed. Such proceedings were thereafter had that on July 20, 1891, said two instruments were regularly admitted to probate by said court as constituting the last will of said deceased, and said Metcalf was appointed administrator with the will annexed, and duly qualified as such.