Legal Opinion

Montgomery v. Barcal

California Court of Appeal

Decided April 28, 1971No. Civ. No. 37483PublishedCited by 1 opinion

1Opinion of the Court

*250Opinion

COBEY, Acting P. J.

These are cross-appeals challenging the incongruous result that two inter vivos gifts by a testator, George Lackey, to two of his predeceased wife’s cousins in the amounts of their legacies had different legal consequences. As regards Mrs. Maurine Barcal the trial court found that her legacy of $20,000 in George Lackey’s will was adeemed by the lifetime gift to her of this amount. As regards Mrs. Patricia Carson, the court found that the lifetime gift to her of $10,000, the amount of her legacy in George Lackey’s will, did not have this effect. This result occurred…

2Cases cited5 opinions

  1. Parsons v. Bristol Development Co.California Supreme Court · 1965
  2. In Re the Estate of HayneCalifornia Supreme Court · 1913
  3. Hoefflin v. HolcombeCalifornia Court of Appeal · 1959
  4. Nielsen v. HannafordCalifornia Court of Appeal · 1959
  5. Dempster v. RawnsleyCalifornia Court of Appeal · 1949

3Cited by1 opinion

  1. Estate of LackeyCalifornia Court of Appeal · 1971

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