Legal Opinion

In Re Estate of Dargie

California Supreme Court

Decided December 17, 1918No. S. F. No. 8710PublishedCited by 7 opinions

The facts are stated in the opinion of the court. Fitzgerald, Abbott & Beardsley, and Eugene E. Trefethen, for Appellants. M. C. Chapman, John F. Conners, and J. Clem Arnold, for Appellants, Executors, and Trustees.

1Opinion of the CourtWilbur, J.

This is an appeal by the executors and trustees and by the residuary legatees from a partial decree of distribution, whereby three-fourths of the estate of the deceased was distributed to his surviving wife, one-half as community property and one-half under the terms of the will. The correctness of the decree depends upon whether or not, by the provisions of the third division of the will, the deceased intended to deal with the entire community property, or only with that portion thereof (one-half) over which he had the power of testamentary disposition. (Civ. Code, sec. 1402.) The provision…

2Cases cited1 opinion

  1. Dargie v. PattersonCalifornia Supreme Court · 1917

3Cited by7 opinions

  1. Strong v. StrongCalifornia Supreme Court · 1943
  2. Wyss v. First National Trust & Savings Bank of San DiegoCalifornia Court of Appeal · 1931
  3. Estate of EttlingerCalifornia Court of Appeal · 1946
  4. Estate of SayreCalifornia Court of Appeal · 1931
  5. Bank of Am. Nat'l Trust & Sav. Ass'n v. CommissionerUnited States Board of Tax Appeals · 1941

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