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Simon v. Grayson

102 P.2d 1081 (Cal. 1940)

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Simon v. Grayson

California Supreme Court

102 P.2d 1081 (Cal. 1940)

Facts

In a will dated March 25, 1932, the testator left $4,000 to the executors of his will with instructions to distribute the $4,000 according to directions provided in a letter addressed to them and dated March 25, 1932. The testator then executed a codicil to his will on November 25, 1933. The codicil did not change the provision in his will distributing $4,000 to his executors to be paid as directed in a letter dated March 25, 1932, and reaffirmed his will to the extent it was not changed by the codicil. After testator’s death, no letter dated March 25, 1932 was found among his belongings, but a letter dated July 3, 1933 and addressed to testator’s executors was found in his safe deposit box. The July 3, 1933 letter stated, “In my will I have left you $4,000 to be paid to a person named in a letter. I direct you to pay the $4,000 to Esther Cohn.” The case was ultimately appealed to the Supreme Court of California.

Rule of Law

Issue

Holding and Reasoning (Waste, C. J.)

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