Nielsen v. Jepson
California Supreme Court
APPEAL from a decree of distribution of the Superior Court of Los Angeles County. James C. Rives, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtLennon, J.
This is an appeal from a decree of distribution. Appellants claim as beneficiaries under a legacy the subject of which was the sum of twelve thousand dollars invested at interest in certain mortgages. The mortgages in question were paid and canceled before the death of the testator. The lower court held that the legacy was specific and that there was, therefore, a plain ease of ademption. Appellants, on the other hand, contend that the legacy was general or demonstrative, and that they are, consequently, entitled to twelve thousand dollars out of the general assets of the estate.
The disposing…
2Cases cited1 opinion
- In re the Estate of BoukNew York Surrogate's Court · 1913
3Cited by17 opinions
- Buck v. PetersonCalifornia Supreme Court · 1948
- Rayl v. Shull Enterprises, Inc.Idaho Supreme Court · 1985
- Estate of McLaughlinCalifornia Court of Appeal · 1929
- Estate of MeyerCalifornia Court of Appeal · 1966
- Smith v. HageCalifornia Court of Appeal · 1951
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