Legal Opinion

O'Brien v. Malcomb

California Supreme Court

Decided May 27, 1920No. S. F. No. 9144PublishedCited by 16 opinions

The facts are stated in the opinion of the court. Shelton & Levy and Steinhart, McAtee & Levy for Appellant.

1Opinion of the CourtLennon, J.

This is an appeal from that portion of the decree of final distribution in the Estate of Margaret Hall which directs that the debts and expenses of administration be paid exclusively out of certain residuary legacies which failed of disposition by reason of the death of some of the residuary legatees prior to that of the testatrix. The will of decedent, after creating a number of specific and general legacies, contains the following residuary clause: “All"the rest, residue and remainder of my estate, I give, bequeath and devise in equal shares to the following ten persons . . .’’ Three of the…

2Cases cited3 opinions

  1. O'Connor v. MurphyCalifornia Supreme Court · 1905
  2. In re Bradley's WillWisconsin Supreme Court · 1904
  3. Estate of KunklerCalifornia Supreme Court · 1912

3Cited by16 opinions

  1. Estate of RussellCalifornia Supreme Court · 1968
  2. Hembree v. QuinnCalifornia Supreme Court · 1968
  3. Kennedy v. WollenbergCalifornia Supreme Court · 1959
  4. Security-First National Bank v. Berkeley Baptist Divinity SchoolCalifornia Court of Appeal · 1931
  5. In Re Estate of KelleherCalifornia Supreme Court · 1928

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