finding contrary presumption (California) · Go Syfert
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finding contrary presumption in California

5 California opinions name it 2 courts 1927–1962 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Estate of Teedgreen
calctapp · 1952 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959(Estate of Teed, 112 Cal.App.2d 638, 647 [ 247 P.2d 54 ].) Evidence, as in the instant action, that testator was a “chronic alcoholic, ” that he has been drunk on various occasions, and that he has taken several “cures,” some of which consisted of bed rest, massive doses of vitamins, and food, does not tend to prove testamentary incompetence unless it is also proved that the time of decedent’s drunkenness *685 coincided with the time of his execution of the testamentary document.

1959(Estate of Teed, 112 Cal.App.2d 638, 647 [ 247 P.2d 54 ].) Evidence, as in the instant action, that testator was a “chronic alcoholic, ” that he has been drunk on various occasions, and that he has taken several “cures,” some of which consisted of bed rest, massive doses of vitamins, and food, does not tend to prove testamentary incompetence unless it is also proved that the time of decedent’s drunkenness *685 coincided with the time of his execution of the testamentary document.

11
Hansen v. Bear Film Co.green
cal · 1946 · cited in 1 California opinions naming this issue, 1946–1946
2 sentences

1946In this connection, the recent decision of the Supreme Court in Hansen v. Bear Film Co., Inc., 28 Cal.2d 154, 169-175 [ 168 P.2d 946 ], is peculiarly pertinent.

1946In this connection, the recent decision of the Supreme Court in Hansen v. Bear Film Co., Inc., 28 Cal.2d 154, 169-175 [ 168 P.2d 946 ], is peculiarly pertinent.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Peterson v. Logan green
cal · 1940
2 sentences

1962In that case it was said at page 684: “It takes more than ‘mere guesswork and general conjecture’ to support a finding contrary to the presumption that a testator is competent. [Citation.] Evidence, as in the instant action, that testator was a ‘ chronic alcoholic,’ that he has been drunk on various occasions, and that he has taken several ‘cures,’ some of which consisted of bed rest, massive doses of vitamins, and food, does not tend to prove testamentary incompetence unless it is also proved that the time of decedent’s drunkenness coincided with the time of his execution of the testamentary

1962In that case it was said at page 684: “It takes more than ‘mere guesswork and general conjecture’ to support a finding contrary to the presumption that a testator is competent. [Citation.] Evidence, as in the instant action, that testator was a ‘ chronic alcoholic,’ that he has been drunk on various occasions, and that he has taken several ‘cures,’ some of which consisted of bed rest, massive doses of vitamins, and food, does not tend to prove testamentary incompetence unless it is also proved that the time of decedent’s drunkenness coincided with the time of his execution of the testamentary

11962–1962
Ellis v. McDowell green
cal · 1928
2 sentences

1954Respondent testified that no financial statement was required by the bank officials, a circumstance that distinguishes this from Estate of Ellis, 203 Cal. 414 [ 264 P. 743 ].

1954Respondent testified that no financial statement was required by the bank officials, a circumstance that distinguishes this from Estate of Ellis, 203 Cal. 414 [ 264 P. 743 ].

11954–1954
Broaddus v. James green
calctapp · 1910
2 sentences

1927(Broaddus v. James, 13 Cal. App. 464 [ 110 Pac. 158 ].) “While it appears that the attorney who prepared the conveyances had been consulted by respondent in previous *525 transactions, the court found that in the instant case he was acting for both, and that he was employed at the instance and request of Mrs. Lombard; that the latter was fully advised as to the nature of the transaction and fully understood the purpose and legal effect of the instruments here in question; that their execution was the result of an idea conceived by her and not the result of any suggestion or act on the part of

1927(Broaddus v. James, 13 Cal. App. 464 [ 110 Pac. 158 ].) “While it appears that the attorney who prepared the conveyances had been consulted by respondent in previous *525 transactions, the court found that in the instant case he was acting for both, and that he was employed at the instance and request of Mrs. Lombard; that the latter was fully advised as to the nature of the transaction and fully understood the purpose and legal effect of the instruments here in question; that their execution was the result of an idea conceived by her and not the result of any suggestion or act on the part of

11927–1927

Where else courts name it

CA 5 (1927–1962) NY 2 (2015–2015) MA 2 (2018–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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