Dunne v. Mastick
California Supreme Court
Appeal from the Probate Court, County of Colusa. Mrs. Nannie Walsh died in November 1869, leaving by her last will and testament certain legacies to the surviving relatives, viz.: To her six sisters, Kate, Alice, Fannie, Jane, Henrietta and Mary Dunne, $7500 each; to Mary Dillon, niece, and Julia Dillon, sister of her deceased husband, B. J. Walsh, $5000 each; to Anna Maria Copperthwaite, $5000, and to the two daughters of Patrick Doran, $2500 each.
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Appeal from the Probate Court, County of Colusa. Mrs. Nannie Walsh died in November 1869, leaving by her last will and testament certain legacies to the surviving relatives, viz.: To her six sisters, Kate, Alice, Fannie, Jane, Henrietta and Mary Dunne, $7500 each; to Mary Dillon, niece, and Julia Dillon, sister of her deceased husband, B. J. Walsh, $5000 each; to Anna Maria Copperthwaite, $5000, and to the two daughters of Patrick Doran, $2500 each. The balance of her estate, real and personal, Mrs. Walsh devised and bequeathed to Charles and Joseph Chambers, thus constituting them her…
1Opinion of the Court
By the Court, McKinstry, J.:
The question here presented is, whether certain legatees named in the will of Nannie Walsh, deceased, are severally entitled to interest on the amounts pf their respective legacies from a date one year after the grant of administration.
The Civil Code provides (in substantial accordance with what is claimed to be the common law), that “legacies are *247due and deliverable at the expiration of one year after the testator’s decease;” and that “legacies bear interest from, the time when they are due and payable, except that legacies for maintenance, or to the testator’s…
2Cases cited1 opinion
- White v. LyonsCalifornia Supreme Court · 1871
3Cited by6 opinions
- Bank of America v. CoryCalifornia Court of Appeal · 1985
- Gregory v. StateCalifornia Supreme Court · 1948
- Hall v. MercerCalifornia Supreme Court · 1960
- Estate of HillCalifornia Supreme Court · 1960
- Cummings v. HowardCalifornia Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.