Opinion

Security-First National Bank v. Green

  • 7 Cal. App. 2d 319
  • 46 P.2d 1007
  • 1935 Cal. App. LEXIS 586
Court
California Court of Appeal
Filed
Jun 3, 1935
Status
Published
Author
York
On the bench
Houser
Cited by
23 cases

The opinion

*343 YORK, J., Dissenting.

I dissent. I am in accord with the foregoing opinion with the exception only of that portion which holds that the provision in the will of William Wilson Sloan, Jr., reading: “to the heirs of said William Wilson Sloan, Third, as per his last will and testament”, means that the said William Wilson Sloan, Third, had to leave to each and every one of his heirs a portion to be designated by William Wilson Sloan, Third. It is my opinion, in the absence of any direct California authority, that this provision of the will merely meant that the said deceased was limited in disposing of the property involved to a person or persons to be designated by him, but who must be his heir or heirs, and that he was excluded, from disposing of any of the property to any person, who was not his heir. Therefore, I believe that the judgment of the trial court should be affirmed.

A petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 1, 1935.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.