Cook

Le Breton v. Cook

Good Law
107 Cal. 410·40 P. 552
Supreme Court of CaliforniaJune 4, 1895No. 15610California2,853 words

Opinion

Lead Opinion

Fleet, J.

This is an action brought by the trustees under the will of Cynthia Hoff Shillaber, deceased, to obtain a construction of certain provisions of said will. The will, after making certain bequests of personal property, proceeds as follows:

The only question presented on this appeal is as to whether the will makes any disposition of the reversionary interest in the homestead, and the furniture and statuary therein, after the death of Williametta H. Cook, or whether, as to that interest, the deceased died intestate. The court below held that the will made no disposition of that interest, and that the decedent died intestate with respect thereto. The defendants Kate C. Gould and C. B. Gould appeal, and contend that that *416 interest passed to the trustees appointed by the fourth paragraph of the will, and is by them to be disposed of as provided in the fifth subdivision of that paragraph.

The case has been argued by counsel with much learning and research, and many cases have been cited and reviewed on each side. With regard to those cases we may repeat what we said in Rosenberg v. Frank, 58 Cal. 387, 411 . “The case before us is one of interpreting the meaning of a written…

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