Legal Opinion

McKenzie v. Rathbun

California Supreme Court

Decided March 13, 1903No. S.F. No. 2916PublishedCited by 16 opinions

The facts are stated in the opinion.

1Opinion of the Court

COOPER C.

This is an appeal from an order directing the sale of real estate. The facts are as follows: On April 3, 1897, deceased executed her last will, which contained the following clauses:—

“First. I direct that my executors, hereinafter named, pay all my just debts, my funeral expenses and expenses of my last sickness out of the first money that shall come into their hands out of my estate.
“Second. I declare that I am the owner of one hundred and sixty acres of land in Contra Costa County, aforesaid, described as follows, to wit:—
“The N. 1-2 of the S. E. 1-4 of section 3 and the N. 1-2 of…

2Cases cited4 opinions

  1. Duvoll v. WilsonNew York Supreme Court · 1850
  2. In re Estate of HeydenfeldtCalifornia Supreme Court · 1895
  3. Hedger v. JudyCourt of Appeals of Kentucky · 1894
  4. In re the Appeal of WisnerMichigan Supreme Court · 1870

3Cited by16 opinions

  1. Kitchen v. BallardCalifornia Supreme Court · 1923
  2. In Re the Estate of De BernalCalifornia Supreme Court · 1913
  3. In re the Pamela Andreas Stisser Grantor TrustSupreme Court of Minnesota · 2012
  4. Estate of DolleyCalifornia Court of Appeal · 1968
  5. Currie v. ScottTexas Supreme Court · 1945

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