ESTATE OF WAMACK

Docket No. 21026.

137 Cal.App.2d 112 (1955)

289 P.2d 871

Estate of DELLA E. WAMACK, Deceased. SAMUEL WAMACK, Appellant, v. JOSEPH A. CHESNUTT, Respondent.

Court of Appeals of California, Second District, Division Two.

November 18, 1955.


Attorney(s) appearing for the Case

Paul T. Erskine and Jack R. Tyrell for Appellant.

Proctor K. Perkins and T.G. Dalton for Respondent.


MOORE, P.J.

Two questions for decision are (1) whether a surviving husband who by an intelligible, prenuptial agreement covenanted not to lay claim to any portion of his wife's estate after her decease may now recover same and (2) whether he may obtain letters of administration of her estate, despite (a) his failure to claim such right after due notice of another's application, and (b) his having no legacy or share in the estate.

On August 8, 1952, exactly...

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