Carver v. Carmichael

Citations

• 123 Cal. 102
• 55 P. 770
• 1898 Cal. LEXIS 992

Syllabus

<p>Estates of Deceased Persons—Loss by Neglect of Administrator— Commissions.—An administrator is liable for loss to the estate caused by his default or neglect, but he does not for that reason lose his statutory right to his commissions. He should be charged with such loss in his' account, and credited with his commissions.</p> <p>Id.—Waiver of Compensation—Withdrawal without Objection.—A waiver of compensation made by an administrator, which is withdrawn by consent of the court, and without objection made by any one thereto, is not effective to defeat his right to commissions.</p> <p>Id.—Computation of Commissions—Value of Property—Appraisement in Inventory.—The valuation of the property of the estate made in the inventory, though not conclusive, is prima facie evidence of its value; and the administrator should be allowed commissions on that valuation at statutory rates, in the absence of proof that it is not fair and reasonable.</p> <p>Id.—Loss of Money Dub to Estate—Charge to Administrator—Neglect to Appeal.—Where money belonging to an estate was ordered to be charged to the administratrix, though it appeared upon the face of the order that it was in the hands of her mother, the order, if erroneous, must be appealed from, otherwise she is concluded thereby, and is chargeable with the amount, whether collected or not, if necessary for the payment of creditors.</p>