Estate of Phelps
California Supreme Court
APPEAL from an order of the Superior Court of San Mateo County directing the executors of the estate of a deceased person to sell property of the estate and out of the proceeds to pay a certain amount alleged to be due upon an annuity. Geo. H. Buck, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Virginia A. Lord filed a petition in the matter of the administration of the estate of Josephine A. Phelps, de ceased, to obtain an order construing the will of the said decedent and directing the executors to pay to her certain sums of money alleged to be due her under the terms of said will. Thereupon the court made an order directing the executors to sell property of the estate and out of the proceeds to pay to the petitioner the sums claimed by her to be due to her at that time under said will. From this order said W. F. Chipman and Union Trust Company, as executors of the said will,…
2Cases cited4 opinions
- Mackay v. MackayCalifornia Supreme Court · 1895
- Smith v. SmithWashington Supreme Court · 1896
- Creamer v. HolbrookSupreme Court of Alabama · 1892
- Wheatly v. BadgerSupreme Court of Pennsylvania · 1848
3Cited by15 opinions
- Estate of BournCalifornia Court of Appeal · 1938
- Estate of PhelpsCalifornia Supreme Court · 1920
- Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
- Estate of LuckelCalifornia Court of Appeal · 1957
- Christian Science Benevolent Ass'n v. PalmerCalifornia Supreme Court · 1946
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