Byrne v. Byrne
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. John Caldwell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appeals from the judgment and from the order denying a new trial.
Plaintiffs, who are the children of Michael Byrne, Jr., deceased, commenced this action against the administratrix of his estate and the creditors thereof, seeking a decree that certain property which had come into the possession of the administratrix as the property of the *295estate was in fact property held by their father as trustee in trust for them.
The facts averred, sought to be proved, and found by the court, are, generally, that the wife of Michael Byrne, Jr. (the mother of these plaintiffs), died testate, naming Michael…
2Cases cited1 opinion
- Lathrop v. BamptonCalifornia Supreme Court · 1866
3Cited by15 opinions
- Davis v. ShepardWashington Supreme Court · 1925
- Estate of Dutard v. Bank of CaliforniaCalifornia Supreme Court · 1905
- Estate of ArmsCalifornia Supreme Court · 1921
- Austin v. WilcoxsonCalifornia Supreme Court · 1906
- In re MulliganDistrict Court, D. Massachusetts · 1902
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