Estate of Fusilier

Good Law
1 Myrick 40
Superior Court of California, County of San FranciscoMay 12, 1873No. 5217California718 words

Opinion

lead Opinion

A paper is offered for probate as the last will of deceased. On the hearing, the following facts were made to appear:

Deceased and A. F. Durney were friends; Durney suggested to deceased that he have his will prepared and executed, deceased being in declining health; they accordingly went to the office of W. W. Stow, Esq., an attorney of character and standing, and deceased, without any suggestion by Durney, gave instructions to Mr. Stow to prepare a will, giving specific directions as to the disposition he wished to make of his property, saying that as his present wife was already sufficiently provided for, he wished all of his property to go to his children by a former marriage. Deceased was of sound and disposing mind, but in ill health. Some days thereafter, deceased called at the office of Mr. Stow. The draft of the will was ready, and Mr. Stow read it to Mr. Fusilier, who pronounced it correct and requested that it be engrossed and sent to the Hibernia Bank, that he might there execute it. Mr. Stow gave him specific directions as to the necessary legal formalities to be observed in its execution. Mr. Stow’s clerk engrossed the will according to the draft, and took the paper…

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.