Agostini v. Guttinger

Citations

• 125 Cal. 302
• 57 P. 1010
• 1899 Cal. LEXIS 853

Syllabus

<p>Estates of Deceased Persons—Omission of Property from Inventory-Wrongful Claim of Executor—Revocation of Letters.—The failure of an executor to inventory property belonging to the estate which, without right, he claims as his own, is such misconduct of the executor as justifies the revocation of his letters testamentary; and the court has jurisdiction for the purposes of the revocation to inquire and determine whether the omitted property belongs to the estate, and whether the executor has, without sufficient reason, asserted ownership thereof in himself.</p> <p>Id.—Order for Personal Property—Presumption of BailmentStatute of Limitations.—An order given by the decedent upon his tenant for the delivery of the possession of personal property, does not establish a gift, and the person who receives such property pursuant to the order must be presumed to have held it as bailee of the decedent; and the statute of limitations would not run in Ms favor, in the absence of proof of an adverse claim brought to the knowledge of the decedent.</p> <p>Id.—Adjudication Upon Bevocation op Letters—Estoppel of Executor—Action to Becover Property.—The court, though having jurisdiction for the purpose of the revocation of letters testamentary, to inquire as to the rightfulness of the claim of the executor to property omitted from the inventory, is not competent in such a summary proceeding to decide finally upon the question of title; and the executor is not estopped by the adjudication in such proceeding from showing title in himself in an action to recover the property for the estate.</p> <p>Id.—Procedure for Bevocation—Statement of Charges.—The statement of the charges of misconduct of the executor, in the petition upon which the court issues an order to the executor to show cause why his letters should not be revoked, is sufficient, without being reiterated in a separate document filed at the hearing.</p>