In Re the Estate of Mitchell
California Supreme Court
APPEAL from a judgment of the Superior Court of Los Angeles County distributing the estate of a deceased person. James C. Rives, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
This is an appeal from a decree of final distribution of the estate of Susan G. Mitchell, deceased.
The decree distributes the entire residué of the estate to Lucie M. Lambourn. The appellant claims that the will of the deceased creates a trust in the property, in her favor, to the extent of a suitable and adequate provision for her maintenance. Whether or not it does, is the only question for determination.
The trust is not expressly declared, but is created, if at all, by a certain precatory clause in the will. The subject of precatory trusts was carefully considered by this court in Estate…
2Cases cited5 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Marti v. AndersonCalifornia Supreme Court · 1901
- Land v. ClarkCalifornia Supreme Court · 1901
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Kauffman v. GriesCalifornia Supreme Court · 1903
3Cited by30 opinions
- Sontheimer v. PierceCalifornia Supreme Court · 1948
- Franck v. SpencerCalifornia Supreme Court · 1922
- Mallarino v. HammersmithCalifornia Supreme Court · 1950
- Estate of HamiltonCalifornia Supreme Court · 1919
- Fields v. FieldsOregon Supreme Court · 1931
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