Quimbee logo
DMCA.com Protection Status

In re Estate of McCauley

71 P. 512 (1903)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

In re Estate of McCauley

California Supreme Court

71 P. 512 (1903)

Facts

On February 12, Jennie McCauley executed a will that left several gifts to charities. On March 16, McCauley executed a codicil that made changes to some gifts designated for individual recipients but did not alter the charities’ gifts in any way. McCauley died 28 days later, on April 14. If McCauley’s gifts to the charities failed, those gifts would escheat, i.e., transfer, to the state of California (state) (plaintiff). The state challenged the validity of the charities’ gifts, relying on a mortmain statute that voided any charitable bequests that were made less than 30 days before the testator’s death. The state argued that McCauley’s March 16 codicil had republished the entire will, including the charities’ gifts. Because the republication date was less than 30 days from McCauley’s death, the state contended that the charities’ gifts were void and that the money should go to the state. The trial court ruled that the charities’ gifts were valid, and the state appealed.

Rule of Law

Issue

Holding and Reasoning (Chipman, 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 604,000 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 604,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 604,000 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
  • 33,800 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