Legal Opinion

Harvey v. Clarke

California Supreme Court

Decided May 4, 1896No. Sac. 32PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of Sacramento County. Matt. F. Johnson, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

The question involved in this appeal is whether appellant, Mrs. Harvey, is entitled to interest upon a legacy of $10,000 given her by the will of the deceased.

Williams died May 6, 1891. By his will as first executed he gave in trust for his adopted daughter, Mrs. Auzerais, and her children, $100,000; to Hannah B. Fuller, $10,000; Sophia G. Cutter, $10,000; Mrs. Clinton Hardy, $10,000; Mary Green, $10,000; for a monument, $1,000'; Lodge of Masons, $1,000, and to Mrs. Auzerais. the residue of the estate.

The will contained the following provision: “ My said executors shall not be required to pay…

2Cases cited4 opinions

  1. Kent v. DunhamMassachusetts Supreme Judicial Court · 1871
  2. In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
  3. Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
  4. Rogers v. RogersNew York Surrogate's Court · 1869

3Cited by10 opinions

  1. Estate of SchaetzelCalifornia Court of Appeal · 1941
  2. Estate of ScottCalifornia Court of Appeal · 1963
  3. Estate of SharpCalifornia Court of Appeal · 1971
  4. Estate of SharpCalifornia Court of Appeal · 1968
  5. Babson v. ColtonCalifornia Court of Appeal · 1941

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