Reports of Cases Determined in the District Courts of Appeal of ..., volume 19
Reports of Cases Determined in the District Courts of Appeal of ..., volume 19
Bancroft-Whitney Company
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122], which relates to the proving of a will "destroyed by public calamity" and refers to the same cause which gave rise to the McEnerney act: ''It is remedial in its nature, and is designed to preserve the testamentary right. . . . Such laws should be given & liberal construction to promote the purposes for which they are designed." Appellant cites with confidence Potrero Nuevo Land Co. t. All Persons, 158 Cal. 731, [112 Pac. 303]. That case was decidea cr « motion tn dismiss for insufficiency... of the affidavit which merely staitv., IS to the source of title: ''That said title to said property Digitized by VjOOQIC 192 Hynes V. All Persons, ETC. [19 Cal. A pp. was sold and conveyed by the state of California to one John Bensley in 1855, and by him, through divers mesne convey- ances, conveyed to said plaintiff, who is now the owner and holder thereof, and has been for the last ten years." Refer- ring to the statute, the court, by Mr. Justice Henshaw, said : **A requirement of a full and explicit showing of the period during which a plaintiflE has enjoyed this estate and a full and explicit showing of the person or persons from whom obtained is not met by the affidavit here presented.
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