Estate of Lynch
Superior Court of California, County of San Francisco
The opinion of the court in this case was rendered upon objections made to two separate petitions for distribution after the lapse of four months of administration—“partial distribution,” as usually designated.
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The opinion of the court in this case was rendered upon objections made to two separate petitions for distribution after the lapse of four months of administration—“partial distribution,” as usually designated. The first filed petition was that of Margaret Daly, presented June 6, 1884, showing that petitioner was a legatee under decedent’s will, which had been duly proved, to the extent of $1,000, and certain specified household furniture; that four months had elapsed since the issuance of letters testamentary to John D. Coughlin and Daniel J. Coughlin, the executors named in the will, who…
1Opinion of the CourtCoffey, J.
It is suggested, on behalf of executors that the petition for partial distribution is premature; that a year (the time to contest the validity of the will) should elapse before the application.
Under the authority of the Estate of Pritchett, 51 Cal. 568, the petition is not prematurely preferred, the essential facts and the principle of this matter corresponding to the facts and principle in that case. Petition granted.
The Buie that the Final Distribution of an estate may be had upon the settlement of the final account of the executor, or at any subsequent time (Estate of Thayer, 1 Cal. App.…
2Cases cited4 opinions
- McAdoo v. SayreCalifornia Supreme Court · 1904
- In re Estate of PritchettCalifornia Supreme Court · 1877
- In re PritchettCalifornia Supreme Court · 1877
- Laymance v. UtterCalifornia Court of Appeal · 1905