In re Estate of Marrey (1884) · DecisionDepot

In re Estate of Marrey

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 28, 1884 No. No. 8,590Published

Before: McKinstry

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Holding. An executor lacks standing to litigate a claim on behalf of one legatee against others at the expense of the estate, particularly when the executor is the legatee asserting the claim.

Issues

Whether an executor may litigate a claim of one legatee against others at the expense of the estate.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“He cannot in any case litigate the claim of one legatee as against the others at the expense of the estate.”

“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.”

Synopsis

Appeal—Executob.—An executor cannot litigate the claim of one legatee as against another at the expense of the estate.

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.

In re Estate of Marrey

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