In re Estate of Neistrath
California Supreme Court
Appeal from an order of the Superior Court of San Joaquin County refusing distribution of an estate. The testatrix died on December 11,1879. Subsequently, her will, and a codicil thereto, were admitted to probate. The will directed the payment to certain legatees of general pecuniary legacies aggregating $10,500, and disposed of the residue of the estate to the same parties in certain proportions.
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Appeal from an order of the Superior Court of San Joaquin County refusing distribution of an estate. The testatrix died on December 11,1879. Subsequently, her will, and a codicil thereto, were admitted to probate. The will directed the payment to certain legatees of general pecuniary legacies aggregating $10,500, and disposed of the residue of the estate to the same parties in certain proportions. By the codicil, certain personal property, of the value of $527, and certain real estate were specifically bequeathed and devised to the appellants. It appearing upon final settlement of the estate…
1Opinion of the CourtMyrick, J.
The question involved in this appeal is whether, under the law of this State, general pecuniary legacies shall be paid in preference to specific devises or specific lega-
*331It is claimed by the appellant that the legislature casually omitted the word “ not,” in subdivision 4 of section 1360, Civil Code, and that the legislature intended to declare that property not specifically devised or bequeathed shall be resorted to for the payment of legacies. In comparing this section with others, there would seem to be ground for the contention; yet it may have been that the legislature intentionally…
2Cited by9 opinions
- Buck v. PetersonCalifornia Supreme Court · 1948
- People v. Selby Smelting and Lead Co.California Supreme Court · 1912
- Painter v. Widow & SonsCalifornia Supreme Court · 1907
- McClatchy v. Laguna Lands LimitedCalifornia Court of Appeal · 1917
- Estate of JenanyanCalifornia Supreme Court · 1982
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