Estate of Phinney

California Superior Court, San Francisco County

Estate of Phinney

1 Myrick 239

CourtSuperior Court of California, County of San Francisco

DecidedMay 8, 1879

DocketNo. 7919

StatusPublished

This text of 1 Myrick 239 (Estate of Phinney) is published on Counsel Stack Legal Research, covering Superior Court of California, County of San Francisco primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Phinney, 1 Myrick 239 (Cal. Super. Ct. 1879).

Pincite

Opinion

Testator devised to Lottie P. Smith, his sister, a house and lot, which at the time of his death was subject to a mortgage to secure his debt. The devisee asks that the executors be required to pay the debt (which is interest bearing) out of the first moneys which may come to their hands which can be applied thereto. The creditor does not ask for present payment.

By the Court:

Under the authority given in Sec. 1513, C. C. P., and the estate of Woodworth, 31 Cal., 595, the devisee is entitled to the order.

Let a decree be drawn.

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Testator devised to Lottie P. Smith, his sister, a house and lot, which at the time of his death was subject to a mortgage to secure his debt. The devisee asks that the executors be required to pay the debt (which is interest bearing) out of the first moneys which may come to their hands which can be applied thereto. The creditor does not ask for present payment.

By the Court:

Under the authority given in Sec. 1513, C. C. P., and the estate of Woodworth, 31 Cal., 595, the devisee is entitled to the order.

Let a decree be drawn.

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Bluebook (online)

1 Myrick 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-phinney-calsuppctsf-1879.

Opinion

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