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ESTATE OF PRIOR

Docket No. 14992.

111 Cal.App.2d 464 (1952)

244 P.2d 697

Estate of TONEY PRIOR, Deceased. ELWOOD TONEY PRIOR, as Executor, etc., Appellant, v. BARBARA MARIE RILEY, Respondent.

Court of Appeals of California, First District, Division One.

June 2, 1952.

Attorney(s) appearing for the Case

Young, Rabinowitz & Chouteau for Appellant.

R.L. Husted for Respondent.

PETERS, P.J.

Elwood Prior, executor and trustee of the estate of Toney Prior, appeals, in both capacities, from a decree of partial distribution ordering him as executor or as trustee to render a full accounting, and to pay to Barbara Marie Riley her $5,000 legacy, plus 7 per cent simple interest, starting one year after the death of the testator. His basic contentions are that the probate court should have required him to pay but 4 per cent interest on the legacy...

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