Estate of Taylor

Good Law
1 Myrick 160
Superior Court of California, County of San FranciscoMarch 9, 1878No. 4802California721 words

Opinion

lead Opinion

By decree of this Court made February 21, 1876, (after due proceedings thereto had,) it was determined that there was a balance of $3,504.29 belonging to said estate in the hands of William Smith and Robert S. Smith, executors of the will of deceased, and the same was by said decree distributed and ordered to be paid as follows: To John Drummond two-sevenths; to Margaret Drummond Maury two-sevenths; to Agnes Drummond Haas two-sevenths; and to Janet Duncan one-seventh. The executors appealed from said decree to the Supreme Court, and upon such appeal the Supreme Court directed the decree to be modified so as to omit $394 of the balance so found and distributed. The remittitur was filed in this Court Jan. 12, 1878. Jan. 28, 1878, after due notice to the executors, this Court modified the decree as directed by the Supreme Court, and found the balance then due from the executors to be $3,464.65, (certain additions being made, to the former *161 amount for interest since the date of the first decree,) and by its decree made distribution thereof to the persons and in the proportion named in the first decree.

Proceedings were thereupon had to punish said executors for contempt of this…

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