McKown's Estate
McKown's Estate
Opinion of the Court
The tenth paragraph of the will of Elizabeth Mc-Kown, who died February 2,1917, is: “All of the money that I may have at the time of my decease; whether on deposit in bank or in my personal possession or subject to my order and control, I give and bequeath to John W. McKown and Lennie J. McKown, his wife, of Los Angeles, California, (John W. McKown being a nephew of my deceased husband) and I direct that no account shall be taken by my executor, of any money received by me from the estate of my deceased husband and expended or disposed of by me during my lifetime.” On July 1, 1916, the testatrix gave an option to a lessee of a part of her real estate to purchase the same at any time prior to June 1, 1917. The offer was accepted some time during that month, nearly five months after the death of the testatrix, and the executors subsequently received the purchase money. The appellants claim it under the above quoted tenth clause of the will of the testatrix.
Appeal' dismissed at appellants’ costs.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Wills — Bequest of money — Proceeds of sale of real estate. The proceeds of the sale of real estate received by an executor from the holder of an option to purchase, who exercises it after the decease of the testatrix, are not money in possession or subject to the order and control of the testatrix, at the time of her decease, and therefore do not pass to the legatees to whom the testatrix bequeathed, “all of the money that I may have at the time of my decease, whether on deposit in bank or in my personal possession or subject to my order and control.”