Northwestern Trust Co.
North Dakota Supreme Court
Appeal from the district court court of Grand Forks county, Cooley, J. The question, therefore, is: Are the general and residuary legatees to be placed on the same footing as to the taking of their beneficial interests for the purpose of meeting expenses and debts ? To this question, we submit, the answer must be in the negative. There is no other rule or method directed than that prescribed by § 5722, and it is clear, definite and mandatory.
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Appeal from the district court court of Grand Forks county, Cooley, J. The question, therefore, is: Are the general and residuary legatees to be placed on the same footing as to the taking of their beneficial interests for the purpose of meeting expenses and debts ? To this question, we submit, the answer must be in the negative. There is no other rule or method directed than that prescribed by § 5722, and it is clear, definite and mandatory. Dealing with this precise question, the California Supreme Court, in May, 1920, said: “Section 1516 of the Code of Civil Procedure (8730, C. I,.) and §…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment of the district court of Grand Forks county, affirming an order of the county court, which overruled certain objections to a final account, and approved the report of the executor.
Richard H. Murphy died testate November 6, 1913. His will, which was duly probated, is as follows:
“I, Richard H. Murphy, being of sound and disposing mind and memory, but conscious of the uncertainty of life, do hereby make, publish and declare this my last Will and Testament hereby revoking all former wills at any time made by me.
“First, I direct the payment of the expenses of my…
Also in this document: Concurrence.
2Cases cited3 opinions
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- Estate of TraverCalifornia Supreme Court · 1904
- In re the Judicial Settlement of the Accounts of TompkinsNew York Surrogate's Court · 1894
3Cited by2 opinions
- Crabtree v. KellyNorth Dakota Supreme Court · 1935
- Young v. McQueenNorth Dakota Supreme Court · 1933