O'Donnell

O'Donnell v. Slack

Good Law
123 Cal. 285·1899 Cal. LEXIS 1061·55 P. 906
Supreme Court of CaliforniaJanuary 13, 1899S. F. No. 1120California1,626 words

Opinion

Lead Opinion

Henshaw, J.

This is an application for a writ of review. Roger O’Donnell, husband of petitioner, died testate. His will was admitted to probate in the city and county of San Francisco. It contained no provision nor direction for the disposition of his body. During the course of administration the widow filed a petition setting forth that the deceased had expressed a last wish that his remains should be buried beside those of his father and mother at Finn Town, Ireland, and praying for an order enabling her to fulfill this request. The court made its order authorizing and directing the executor “to pay over to Annie O’Donnell, the widow of the deceased, the sum of seven hundred dollars out of the funds of the estate, to be *287 used and expended by Annie O’Donnell in defraying the expense of removing from the city and county of San Francisco to Finn Town, Ireland, and there suitably' interring, the body of Roger O’Donnell, deceased.” The final account subsequently filed by the executor showed payment to Annie O’Donnell of the seven hundred dollars for the purposes named. The account was allowed and settled, and a decree of distribution was entered; but on the same day the court made the…

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