Mackay v. Mackay

Citations

• 107 Cal. 303
• 40 P. 558
• 1895 Cal. LEXIS 751

Syllabus

<p>Estates of Deceased Persons—Bequest to Executors nr Trust—Payment of Income—Rights of Beneficiary—Jurisdiction of Probate Court.—Where a bequest was made to executors in trust of a sum of money which they were directed to invest, and to pay the income thereof to a beneficiary named, the only right of the beneficiary in the probate court is the right to move the court to make distribution of the fund to the trustees, which the court may grant at any time the circumstances of the estate will warrant it, without awaiting final distribution of the general estate, and the court has no authority to order the executors as such to pay out of the general estate an amount equal to the income to be derived from the investment provided for in the will.</p> <p>Id.—Distribution to Trustees—Legacy for Maintenance—Allowance of Interest from Death of Testator.—Where it appears that the beneficiary of the trust created by the will had been supported by the testator for a long period, and was in receipt of such support at the time of the making of the will, the bequest in trust of the legacy, the income of which is to be paid to her, is to be considered as a legacy for maintenance under section 1569 of the Civil Code, and will bear interest from the death of the testator; and it is the duty of the court, in distributing the fund to the trustees, also to distribute to them such interest as shall have accrued upon it at the date of the distribution, to be paid to the beneficiary in lieu of the income specified in the legacy, up to the date of the distribution.</p>