In Re Carson's Estate

184 Cal. 437 (1920)

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Nature of the Case

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Facts

Alpha Carson left a number of bequests to relatives and her residuary estate to her husband. Within the statutory period following probate, her heirs petitioned to have probate revoked based on fraud. The facts indicated that testatrix and her husband had gone through a marriage ceremony a year before her death. Testatrix made her will believing that she was the wife of Gamble Carson. But it is alleged that Gamble was already married to another woman who was still living when he married Alpha. Carson was aware of his incapacity to marry but concealed this from the testatrix. The will was admitted to probate. The lower court ruled a nonsuit, and this appeal resulted.