In re Estate of Foster

Good Law
4 Coffey 33
Superior Court of California, County of San FranciscoMarch 9, 1909No. 28,858California18,232 words

Opinion

lead Opinion

Coffey, J.

On January 15, 1904, Mary A. Poster filed a petition in which she recited that Samuel Poster died in San Francisco, of which place he was a resident, on the fifteenth day of June, 1903, leaving therein real and personal estate; that he left him surviving herself, his widow, over fifty-five years of age, and a son, Lyman D. Poster, aged thirty-one years; he also left a will which is hereunder transcribed, which was duly admitted to probate on July 9, 1903, and letters testamentary thereupon issued the same day to Lyman D. Poster, executor named therein. On December 21, 1903, an inventory and appraisement was returned and filed, in which was set down the property herein sought to be set aside, 1760 Washington street. This property, consisting of a lot and dwelling-house thereon, was purchased on or about February 5, 1890, and was then subject to a mortgage which was satisfied in 1892, leaving the premises now unencumbered, and of an appraised and admitted present value of $10,000; the remainder of the estate being estimated at about $150,000, net. The property is suitable for a homestead, and from the time of its purchase was used as the residence of decedent and his family,…

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