In re Estate of Moulton

Citations

• 48 Cal. 191

Syllabus

<p>Applying Special Bequest to Payment op Debts.—If the Probate Court makes an order applying the proceeds of the sale of a special bequest, made by the testator, to the payment of a debt, the executors cannot object that there are other special bequests besides that thus applied. Idem.—If a special bequest is applied to the payment of a debt, and there are other special bequests, the remedy of the one whose special bequest is thus applied, is to seek contribution from the others.</p> <p>Idem.—If the real estate has been sold, and if an order is made by the Probate Court applying the proceeds of a special bequest of personal property to the payment of a debt, it will be assumed that the personal estate not specially bequeathed had been thus applied, and that it was necessary thus to apply the proceeds of the special bequest, if the record does not show the contrary.</p> <p>Idem.—When the Probate Court makes an order applying the proceeds of a special bequest to the payment of a debt, and the will is not in the record, it will not be assumed that the Probate Court erred, in adjudging that the intention of the testator could be carried into effect, and yet sell the special bequest.</p>