Estate of Langdon
California Supreme Court
Id.—Defective Decree—Omission of Small Legacies—Order for Correction—Costs Upon Appeal.—A defect in the decree of distribution in failing to contain a provision for the payment of small legacies, of five dollars each, will be ordered corrected in that respect by the trial court, without costs to the appellant. APPEAL from a decree of the Superior -Court of the City and County of San Francisco distributing the estate of a deceased person. J. Y. Coffey, Judge.
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Id.—Defective Decree—Omission of Small Legacies—Order for Correction—Costs Upon Appeal.—A defect in the decree of distribution in failing to contain a provision for the payment of small legacies, of five dollars each, will be ordered corrected in that respect by the trial court, without costs to the appellant. APPEAL from a decree of the Superior -Court of the City and County of San Francisco distributing the estate of a deceased person. J. Y. Coffey, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
The deceased, Hora Langdon, died testate, leaving a will which contained, among other provisions, the following: “Eighth. All the rest and residue of my estate I give, devise, and bequeath unto my nephews, Callaghan Byrne, J ames W. Byrne, and Fred Byrne, in equal portions.” In due course of administration J. W. Byrne and Callaghan Byrne, two of the aforesaid nephews, filed a petition for distribution, setting forth a copy of the will, and alleging that the estate was ripe for distribution. This petition further alleged that Fred Byrne, the third of the aforesaid nephews, died prior to the…
2Cases cited1 opinion
- Mackay v. MackayCalifornia Supreme Court · 1895
3Cited by8 opinions
- Estate of RussellCalifornia Supreme Court · 1968
- Hembree v. QuinnCalifornia Supreme Court · 1968
- In Re Estate of MurphyCalifornia Supreme Court · 1909
- Estate of MooreCalifornia Court of Appeal · 1955
- Freyer v. San Francisco Protestant Orphanage SocietyCalifornia Court of Appeal · 1931
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