Dunne v. Dunne
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. The plaintiffs, Mary F. Dunne and Bridget C. Dunne, were legatees under the will of their father, -James Dunne, deceased. The defendant was a devisee of lands of the testator, which were charged by the will with the payment of the legacies.
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Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. The plaintiffs, Mary F. Dunne and Bridget C. Dunne, were legatees under the will of their father, -James Dunne, deceased. The defendant was a devisee of lands of the testator, which were charged by the will with the payment of the legacies. The plaintiffs asked for and obtained a decree, adjudging that the defendant is personally liable to the plaintiffs for the amount of their several legacies, with interest thereon compounded annually from the day of the death of the testator,…
1Opinion of the Court
The Court.
-This appeal was heard in department one of this court, and an opinion filed therein July 25, 1884. Subsequently, a hearing by the court in Bank was granted. Such hearing has been had. We are satisfied with the judgment given in department, and with the reasons therefor. The judgment of the court below is therefore affirmed, except as to interest. The cause is remanded, with instructions to modify the judgment by computing interest in accordance with the opinion of the department.
The following is the opinion of department one:
*159Ross, J.
-The provision of the will of the deceased, James…
2Cited by7 opinions
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- Estate of SharpCalifornia Court of Appeal · 1971
- Woodley v. WoodleyCalifornia Court of Appeal · 1941
- Keir v. KeirCalifornia Supreme Court · 1909
- Title Insurance & Trust Co. v. San Diego Hospital Ass'nCalifornia Court of Appeal · 1971
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