gno.law

In re Estate of Marrey

California Supreme Court · No. 8,590 · 1884-05-28 · Published · 65 Cal. 287 · 3 P. 896 · 1884 Cal. LEXIS 523

IN THE MATTER OF THE ESTATE OF PHILIP G. MARREY, RODERIGO WILKINSON

Area
probate
Panel
E. W. McKinstry (author)

Analysis

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Opinion — McKinstry

McKinstry, J.

The appeal of the executor from the decree of settlement and distribution must be dismissed. He cannot in any case litigate the claim of one legatee as against the others at the expense of the estate. (Bates v. Ryberg, 40 Cal. 463.)

A fortiori when he himself is the legatee whose claim he is attempting to maintain, at the expense of the estate, in his capacity of executor.

Appeal dismissed.

Morrison, C. J., Ross, J., Sharpstein, J., and Myrick, J., concurred.

Thornton, J., dissented.

Cites, in this corpus

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