In re Estate of Wright
California Supreme Court
Appeal from the Probate Court, City and County of San Francisco. On the 9th day of April, 1870, Stephen A. Wright madé his last will, by which he devised all his property to Matilda A. Wright, an infant daughter, ten years of age, and gave the use and income arising from his property to Ada E. Wright, his widow, until said Matilda should arrive at the age of eighteen years, and then said Matilda was to have all the property in her own right.
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Appeal from the Probate Court, City and County of San Francisco. On the 9th day of April, 1870, Stephen A. Wright madé his last will, by which he devised all his property to Matilda A. Wright, an infant daughter, ten years of age, and gave the use and income arising from his property to Ada E. Wright, his widow, until said Matilda should arrive at the age of eighteen years, and then said Matilda was to have all the property in her own right. S. F. Eeynolds was nominated sole executor in the will. The testator soon after died, and the will was probated on the 14th day of October, 1870, and…
1Opinion of the Court
By the Court, Rhodes, J.:
The Court below ordered that a certain portion of the estate be distributed to the widow and heirs of the deceased; and, subsequently, denied the executor’s motion for a new trial. From these orders the executor alone appeals. The executor does not object to the order on the ground that the amount ordered to be distributed is too large, but only that it is not properly distributed—that the order allots to one party too large a portion. The executor is not interested in that question; and Bates v. Ryberg (40 Cal. 463), is clear authority that he cannot maintain an…
2Cases cited1 opinion
- Bates v. RybergCalifornia Supreme Court · 1871
3Cited by15 opinions
- McCabe v. HealyCalifornia Supreme Court · 1902
- Jones v. LamontCalifornia Supreme Court · 1897
- Roach v. CoffeyCalifornia Supreme Court · 1887
- Stewart v. SmithCalifornia Court of Appeal · 1907
- Rice v. CareyCalifornia Supreme Court · 1915
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