St. Mary's Hosp. v. Perry

152 Cal. 338 ·

Supreme Court of California · Filed November 29, 1907

Published · citable Cited by 1

Holding

The court held that an executrix has no right to condition the payment of a distributed legacy on the legatee’s express agreement to perform the terms of a testamentary trust, as the decree of distribution itself imposes those obligations and the legatee’s acceptance of the funds constitutes acceptance of the trust.

Statutes construed

CIV § 2222

Cited by (1)

Estate of ROGER PRESTON KAMPEN, Deceased. SAN FRANCISCO OPERA ASSOCIATION, Petitioner and Appellant, v. CHANDLER FLICKINGER, as Executor, etc., Objector and Respondent; Estate of JAMES LAWRENCE ELLINGTON, Deceased. SAN FRANCISCO OPERA ASSOCIATION, Petitioner and Appellant, v. CHANDLER FLICKINGER, as Executor, etc., Objector and Respondent (2011) 201 Cal. App. 4th 971