Drinkhouse v. Morbio
California Supreme Court
APPEAL from a decree of the Superior Court of the City and County of San Francisco denying a petition for partial distribution in payment of a legacy. J. Y. Coffey, Judge. The facts are stated in the opinion of the court. A. Ruef, Edward A. Holman, Welles Whitmore, E. B. Meering, and Davis & Manning, for Appellant. Garret W. McEnerney, and Bishop & Wheeler, for Rosa V. Morbio, Kate Nusbaum, Clara A. English, and Edgar Sutro, ■ Respondents.
1Opinion of the CourtMcFARLAND, J.
This is an appeal by John A. Drink-house, as administrator of the estate of Hattie A. Trundle, deceased, from an order and judgment of the superior court. denying his petition, for distribution to him of the sum of fifty thousand dollars out of the estate of Adolph Sutro, deceased.
The claim of appellant is founded upon the last will of said Sutro. In this will there are a great many legacies and devises to various persons. The only part of it which has any bearing on the question here involved is the following: “Subject to the directions, limitations, and conditions hereinafter contained, I…
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