Andrade v. Superior Court of City

Citations

• 75 Cal. 459
• 17 P. 531
• 1888 Cal. LEXIS 567

Syllabus

<p>Estate of-Decedent—Accounting by Surviving Partner — Limitations on Power of Probate Court. — Under section 1585 of the Code of Civil Procedure, the superior court, in a proceeding for the settlement of the estate of a decedent, has authority to require a person, who admits being the surviving partner of the decedent, to file his account of the partnership affairs, and as an incident thereto, to examine witnesses for the purpose of determining the sufficiency of the account as filed. But the court has no authority to settle and adjust the accounts between the surviving partner and the representative of the deceased, nor, if the existence of the partnership be denied, to determine the question of its existence or non-existence.</p>