In re Estate of Marrey
California Supreme Court
In re Estate of Marrey, 65 Cal. 287 (Cal. 1884)
3 P. 896; 1884 Cal. LEXIS 523
McKinstry
In re Estate of Marrey
Opinion of the Court
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.
Reference
- Full Case Name
- IN THE MATTER OF THE ESTATE OF PHILIP G. MARREY, RODERIGO WILKINSON
- Cited By
- 21 cases
- Status
- Published
- Syllabus
- Appeal—Executob.—An executor cannot litigate the claim of one legatee as against another at the expense of the estate.