Legal Opinion

Kelso v. Sargent

California Court of Appeal

Decided January 9, 1936No. Civ. 5456PublishedCited by 11 opinions

1Opinion of the CourtPlummer, J.

— This action was prosecuted under the provisions of section 1060 of the Code of Civil Procedure for the purpose of obtaining declaratory relief. The real purpose of the action was to obtain a judicial interpretation of paragraph IV of a certain contract. The contract was signed by all of the parties to this action, and the paragraph in question is in the following words: “That the executor of said last will and testament is authorized and shall pay, from any moneys in its hands, any and all estate and inheritance taxes, and the specific inheritance tax chargeable against any devise or…

2Cases cited5 opinions

  1. In re the Estate of WilmerdingCalifornia Supreme Court · 1897
  2. In Re Estate of MagortyCalifornia Supreme Court · 1915
  3. McDougald v. RossiCalifornia Supreme Court · 1915
  4. Estate of ChesneyCalifornia Court of Appeal · 1905
  5. In Re Estate of HoltCalifornia Court of Appeal · 1923

3Cited by11 opinions

  1. Cohn v. CohnCalifornia Supreme Court · 1942
  2. Estate of NesbittCalifornia Court of Appeal · 1958
  3. Lynch v. Kentucky Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1960
  4. Estate of CookeCalifornia Court of Appeal · 1976
  5. Lennefelt v. CranstonCalifornia Court of Appeal · 1964

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