In re Smith's Estate

Good Law
1894 Cal. LEXIS 1267·4 Cal. Unrep. 919·38 P. 950
Supreme Court of CaliforniaDecember 26, 1894No. 15,754California1,782 words

Opinion

Lead Opinion

Vanclief, J.

Robert Smith, who died April 31, 1892, disposed of all his property by his last will as followsi: “I give and bequeath to my daughter, Mrs. Mary Cardiff, now of San Benito county, California, a life estate in my home ranch in San Benito county, California, the same being described as follows, to wit, being the southwest quarter of section 6, township 15 south, range 7 east, M. D. M.; also all live stock, farming utensils, household furniture, and in fact all personal property that may be on the said ranch, excepting money on hand, securities, and other evidences of money due me; to have and hold and use during her natural life as her own, and at her death to pass in fee to her sons, Robert Cardiff and Geo. H. Cardiff, and to their heirs in fee simple. But, in the event I survive my said daughter, Mary Cardiff, then, at my death, said property to pass directly to her said sons, Robert and George Cardiff. This bequest, however, is not to take effect during the lifetime of my wife, Mary Smith, who is now residing with me on the above-described property. In the event she survives me, she is to have full and free use and absolute control of said real property and personal herein…

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.