Legal Opinion

In Re Estate of Bergland

California Supreme Court

Decided June 20, 1919No. L. A. No. 5951PublishedCited by 57 opinions

APPEAL from an order of the Superior Court of San Diego County distributing a portion of a legacy. W. A. Sloane, Judge. Affirmed. The facts are stated in the opinion of the court.

1Opinion of the CourtOlney, J.

This is an appeal from an order distributing to one Kate J. M'isner a portion of a legacy left her by the-decedent. The sole question is as to whether she had forfeited the legacy under a provision of the decedent’s will reading as follows :

“Fourthly, it is my positive instruction that should any one or more of the beneficiaries named in this Will object to the distribution as made, or attempt to defeat the provisions of this Will that said person or persons shall receive the sum of Five Dollars ($5.00) each and .no more. And any and all other provisions made herein for such objector other…

2Cases cited4 opinions

  1. Estate of HiteCalifornia Supreme Court · 1909
  2. In Re Estate of MillerCalifornia Supreme Court · 1909
  3. Deppen's Trustee v. DeppenCourt of Appeals of Kentucky · 1909
  4. In re the Estate of KirkholderAppellate Division of the Supreme Court of the State of New York · 1916

3Cited by57 opinions

  1. Kitchen v. BallardCalifornia Supreme Court · 1923
  2. Kline v. Citizens National Trust & Savings BankCalifornia Court of Appeal · 1934
  3. Lobb v. BrownCalifornia Supreme Court · 1929
  4. Scharlin v. Superior CourtCalifornia Court of Appeal · 1992
  5. Trimble v. Hatcher's Ex'rsCourt of Appeals of Kentucky (pre-1976) · 1943

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