In re Estate Durham
California Supreme Court
Appeal from the Probate Court, County of Butte. The last will of Robert W. Durham was filed in the Probate Court of Butte county, on the 2d day of November, 1871, and was admitted to probate on the 27th day of February, 1872. The executors named in the will were Charles F. Lott and W. W. Durham, and letters were issued to them. The will contained the following clause: “ Item eight—It is my will, and I hereby direct, that all my personal property of every nature and kind.
Read the full summary
Appeal from the Probate Court, County of Butte. The last will of Robert W. Durham was filed in the Probate Court of Butte county, on the 2d day of November, 1871, and was admitted to probate on the 27th day of February, 1872. The executors named in the will were Charles F. Lott and W. W. Durham, and letters were issued to them. The will contained the following clause: “ Item eight—It is my will, and I hereby direct, that all my personal property of every nature and kind. (except money, bonds, notes and choses in action), including grain, cattle, hogs, horses, etc., and all my real estate not…
1Opinion of the Court
By the Court, McKinstry, J.:
In Delaney’s Estate (ante p. 76), the distinction is shown between a mere power in a will authorizing a sale by executors, and the devise of a legal estate in trust to carry out provisions of the will; and in Tracy v. Tompkins, decided from the Bench, (present term), the same distinction was recognized as continuing after the adoption of the Codes. In the one case, the freehold remains in the heirs until a sale; in the other it vests in the executors on the demise of the decedent. To the former class of cases the provision of section 178 of the Probate Act of…
2Cited by11 opinions
- In re the Estate of PearsonsCalifornia Supreme Court · 1893
- Bank of Ukiah v. RiceCalifornia Supreme Court · 1904
- In Re BohananSupreme Court of Oklahoma · 1913
- Bennallack v. RichardsCalifornia Supreme Court · 1899
- Bennalack v. RichardsCalifornia Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.