In re Estate of Griest

California Supreme Court
In re Estate of Griest, 76 Cal. 497 (Cal. 1888)
18 P. 654; 1888 Cal. LEXIS 918
McFarland

In re Estate of Griest

Opinion of the Court

McFarland, J.

This is an appeal by the children and grandchildren of Peter Griest, deceased, from an order of the superior court sitting in probate, distributing to Eliza Griest, surviving widow of said Peter, certain money paid to the executor of his estate by a certain mutual benefit corporation called the Order of Mutual Companions. The debts of the estate were all paid, and no question is made by creditors or any person other than the appellants herein.

The facts of the case are fully stated in Order of Mutual Companions v. Eliza Griest et al., this day decided by this court, ante, p. 494. After the decision of the latter case in the court below, the said Order of Mutual Companions paid the money to the executor of said estate, and the court distributed it, as aforesaid, to the respondent herein, Eliza Griest.

There is no doubt that Peter Griest, by his last will and testament, bequeathed this money, so far as he possibly could do so, to his surviving wife, Eliza; and as we held in the other case above referred to that the money must be treated as part of the estate, we think that the court below was right in distributing it according to the will.

Order appealed from affirmed.

Thornton, J., and Sharpstein, J., concurred.

Reference

Full Case Name
In the Matter of the Estate of PETER GRIEST
Cited By
1 case
Status
Published
Syllabus
Will—Distribution of Estate.—When an estate is distributed according to the terms of the will of the decedent, after the debts of the estate are paid, the order of distribution will be affirmed upon the appeal of heirs who have no interest in the fund distributed.