In re Estate of Marrey

California Supreme Court

In re Estate of Marrey

3 P. 896, 65 Cal. 287, 1884 Cal. LEXIS 523

CourtCalifornia Supreme Court

DecidedMay 28, 1884

DocketNo. 8,590

StatusPublished

Cited by21 cases

This text of 3 P. 896 (In re Estate of Marrey) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Marrey, 3 P. 896, 65 Cal. 287, 1884 Cal. LEXIS 523 (Cal. 1884).

Pincite

Opinion

McKinstry, J.

The appeal of the executor from the decree of settlement and distribution must be dismissed. He cannot in any case litigate the claim of one legatee as against the others at the expense of the estate. (Bates v. Ryberg, 40 Cal. 463.)

A fortiori when he himself is the legatee whose claim he is attempting to maintain, at the expense of the estate, in his capacity of executor.

Appeal dismissed.

Morrison, C. J., Ross, J., Sharpstein, J., and Myrick, J., concurred.

Thornton, J., dissented.

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