Estate of McLaughlin

Good Law
1 Coffey 257
Superior Court of California, County of San FranciscoApril 5, 1887No. 3,061California5,351 words

Opinion

Lead Opinion

Coffey, J.

This is a motion to strike out certain portions of the amended petition of Arabella Hinkle and Ellen J. Hogan to revoke the probate of the will of Charles McLaughlin, deceased. The parts of the petition which it is proposed to strike out are all of paragraphs 6, 7, 8, 9, except lines 20 to 27 inclusive, on the seventh page of the petition, and all of paragraphs 10 and 11, also all of the paper *261 marked Exhibit “A,” and annexed to said amended petition and made a part thereof.

If this motion should prevail, the petition will then contain allegations (1) of the time and place of the death of Charles McLaughlin; (2) of his residence at the time of his death; (3) the persons interested in his estate; (4) the value of the property left by him; (5) the filing of the paper purporting to be a will with codicil, and of a petition for the probate thereof, and for the appointmnet of the proponent as executrix; (6) the admission of said paper to probate, and the appointment of the proponent as executrix, her qualification as such executrix, and that she continues acting as such executrix; (7) allegations (paragraph 12 of amended petition) that said will so probated was not executed,…

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