Quimbee logo
DMCA.com Protection Status

Estate of Clark

271 P. 542 (1928)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

Estate of Clark

California Court of Appeal

271 P. 542 (1928)

Play video

Facts

Major Dillard Clark had three children from his first marriage, including two who survived him, Dillard H. Clark, Jr. and Alice Clark Myers (plaintiffs). Major Clark's son Edwin Howard Clark predeceased him, testate, in July 1923. Major Clark contested the will as invalid in litigation. The case was ultimately settled by an agreement in which Major Clark received a one-half interest in Edwin's estate, which included an interest in oil-producing wells. In August 1923, Major Clark entered into his second marriage with Eliza Simpson Clark (defendant). In February 1926, Major Clark passed away, leaving a will that set up a trust fund for Eliza, providing her with income from approximately $40,000 worth of securities, while leaving most of his property to his surviving children. Eliza waived her rights under Major Clark's will and elected to take her spousal share. Dillard and Alice petitioned the trial court to distribute according to the terms of the will. The trial court distributed Major Clark's property, including the interest in Edwin's estate, to Dillard and Alice. Eliza appealed the trial court's decision on the ground that the interest in Edwin's estate was community property subject to her spousal share.

Rule of Law

Issue

Holding and Reasoning (Crail, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 517,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 517,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 517,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership