Estate of Blythe
Opinion
lead Opinion
Coffey, J.
The counsel for this defendant, in stating his case to the court, alluded to the very great importance of an opening statement, which used to be regarded as the chief argument, and the counsel described this controversy.intrinsically and viewed upon its merits as one of the great cases of the century. The questions are of importance to the community as well as to the litigants; the questions of law are *164 intricate and involved, and by no means easy of solution, and no ease has ever been presented with greater dignity and courtesy, and, it may be added to what counsel said, with greater skill of advocacy. It is a peculiar controversy, most unusual in its nature, unlike most other civil actions; the court, in a special sense, represents the state; the sole office of the court is to ascertain and establish the truth. All the defendant, Alice Edith Blythe, can claim is one-half of this estate; it may be that as to the rest no one of the claimants will have finally established a case, and that ultimately the half, if not the whole, may escheat to the state of California.
This litigation, says counsel, like all other litigation of a similar kind, grows out of irregularities; men of…