Search billions of records on Ancestry.com
   

 

 

 

 

 

ESTATE OF J. B. WHITE.

 

No. 8315--March 6, 1878.

 

WILL, CONDITIONAL, TO BE VALID IN CASE OF DEATH ON A PARTICULAR VOYAGE, A NULLITY ON RETURNING THEREFROM.

 

A will which recites projected voyage and “in case of death while performing the journey,” makes certain disposition of property, becomes a

nullity on the safe return of testator.

Construing section, C. C., 1281.

 

Sol. A. Sharp, for administrator.

 

P. B. Ladd, for proponent.

 

A paper was offered for probate, reading as follows:

                            “SAN FRANCISCO, November 13, 1876.

 

“I am about to sail for China and Japan on the 16th inst., and in case of my death while performing the journey I desire the following disposition of my estate to be made,” &c., &c.

Deceased returned from the voyage indicated in the paper, and (being in the employ of a steamship company) made other voyages.  He died on board his ship in the harbor of San Francisco.

 

By the COURT:  The will was conditional, (1 Redf. On Wills, 177-9, ed. Of 1869,) and was made of no effect by the return of the deceased from the voyage indicated.  Probate of the will must therefore be denied.

 

 

 

Transcribed by Pat Seabolt.


© 2007 Pat Seabolt.




SAN FRANCISCO'S CASES REPORTED INDEX