Barrett v. Mitchell

Citations

• 122 Cal. 260
• 54 P. 957
• 1898 Cal. LEXIS 568

Syllabus

<p>Estates of Deceased Persons—Settlement of Accounts of Administratrix—Preliminary Expenses.—An administratrix is not entitled to charge against the estate of the decedent her expenses incurred in traveling when taking steps to apply for letters of administration, or in attending the hearing of a contest over letters of administration.</p> <p>Id.—Items Allowed and Inadvertently Omitted.—Items allowed by the court in its findings, but inadvertently omitted from the order settling the accounts of the administratrix, should be corrected by calling the attention of the court to the oversight, and are not the subject of appeal prior to an application for such correction by the superior court.</p> <p>Id.—Traveling Expenses—Dissuasion from Sale of Mining Property.—An administratrix is entitled to traveling expenses necessarily incurred in legitimate efforts to preserve the estate; but an order rejecting an item for her traveling expenses to dissuade an heir at law from petitioning for the sale of mining property, will not be disturbed, except upon a clear showing that the moneys were thus necessarily and properly expended.</p> <p>Id.—Appeal from Order of Sale—Attorney’s Traveling Expenses.— Where the local attorney representing an administratrix in the settlement of the estate was not in favor of appealing from an erroneous order of sale of real estate, and the administratrix employed another attorney to take an appeal therefrom, the reversal of the order justifies the appeal and every step taken in its prosecution; and the proper traveling expenses of the attorney thus employed, to enable him Intelligently and properly to take and prosecute the appeal, should be allowed in addition to his fees in the settlement of the accounts of the administratrix.</p> <p>Id.—Allowance of Attorneys’ Fees—Discretion of Superior Court.—■ The allowances for attorneys’ fees in the settlement of the accounts of the administratrix are in the discretion of the superior court, and cannot be dis