Opinion

Rosenberg v. Frank

  • 58 Cal. 387
  • 1881 Cal. LEXIS 244
Court
California Supreme Court
Filed
Jul 1, 1881
Status
Published
Author
Ross
On the bench
Myrick, Ross, Thornton
Cited by
31 cases

The opinion

Ross, J., concurring:

I concur in the judgment and in what is said by Mr. Justice Thornton respecting .the construction of the will of Michael Reese, deceased. With respect to the question of jurisdiction, I would be inclined to hold, if the question was before us as an original proposition, that the construction of the will of a deceased person was, under our late Constitution and laws, within the exclusive province of the Probate Court. But the jurisdiction of the District Courts in such cases has been recognized by previous decisions of this Court, under which, it is probable, important property rights have vested, for which reason I think the question ought not now to be agitated.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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