IN RE CARSON'S ESTATE
184 Cal. 437 (1920)
NATURE OF THE CASE: This was an action to have probate revoked based on fraud.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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