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IN RE DUREL

No. 4646.

10 F.2d 448 (1926)

In re DUREL et al. BARUSCH v. BRAINARD.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1926.

Attorney(s) appearing for the Case

R. H. Countryman, of San Francisco, Cal., for petitioner and appellant.

Joseph Kirk and Clarence A. Shuey, both of San Francisco, Cal. (Hubbard & Hubbard, of San Francisco, Cal., of counsel), for respondent and appellee.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above).

In the absence of a statute an executor cannot be held as garnishee in respect to a legacy of money bequeathed by his testator. Shin on Attachment, § 510; Drake on Attachments, §§ 492, 501; Colby v. Coates, 6 Cush. (Mass.) 558; Hudson v. Wilber, 114 Mich. 116, 72 N. W. 162, 47 L. R. A. 345, 68 Am. St. Rep. 465; Norton v. Clark, 18 Nev. 247, 2 P. 529; Whitehead v. Coleman, 31 Grat. (Va.) 784. The...

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