In re Berton's Estate
Citations
- 3 Cal. Unrep. 681
- 31 P. 576
- 1892 Cal. LEXIS 1073
Syllabus
<p>Will—Construction — Education of Children.—Testatrix, after leaving a sum of money to each of her two children, a son and a daughter, divided the estate equally between the children and the husband. In case of the death of the husband before the children’s majority, his share was to go to the children. The son was to receive his share at the age of twenty-five, and the daughter at twenty, if she married; the children’s education “to be paid for out of the interests of my estate.” Held, that the charge for education was upon the whole estate, and that, even conceding the legacies to be vested legacies, distribution could not be had until the charge was satisfied.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Where a person tells another to let a third person have goods, and that he will see that the debt is paid, and credit is accordingly given the promisor, the promise is an original and not a collateral undertaking____
- “Where a person tells another to let a third person have goods, and that he will see that the debt is paid, and credit is accordingly given the promisor, the promise is an original and not a collateral undertaking ....
Source: CourtListener parenthetical corpus (CC0).
Judges: Temple
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