In re Estate of Marrey
Cases that cite this one
21 later published cases cite this decision.
- Estate of Kessler (Cal. 1948)
- Linton v. Walker (Cal. 1948)
- Byrd v. Shell (S.C. 1933)
- Williams v. Babb (Cal. 1927)
- In re the Estate of Parsell (Cal. 1923)
- Rice v. Carey (Cal. 1915)
- Hebrew Home for Aged Disabled v. Friedman (Cal. 1915)
- Bruning v. Golden (Ind. 1902)
- In re Phillips' Estate (Mont. 1896)
- Castle v. Irwin (Haw. 1921)
- Braeuel v. Reuther (Mo. 1917)
- Murphy v. O'Connor (Cal. 1904)
- Paget v. Brogan (Ark. 1900)
- Olmstead v. Buss (Cal. 1898)
- Firebaugh v. Burbank (Cal. 1898)
- Jones v. Lamont (Cal. 1897)
- Ruggles v. Welch (Cal. 1895)
- Henry v. Superior Court (Cal. 1892)
- In re Dewar's Estate (Mont. 1891)
- In re Jessup (Cal. 1889)
- Merrifield v. Longmire (Cal. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.