Commercial Bank of San Luis Obispo v. Burke

Citations

• 119 Cal. 579
• 51 P. 851
• 1898 Cal. LEXIS 675

Syllabus

<p>Estates of Deceased Persons—Payment of Claims without Order of Cowrit —Insolvency of Estate—Settlement .of Annual Accounts—Appeal-able Order—Conclusiveness upon Unpaid Creditors—Final Account. Though it is the proper practice for the administrator to obtain an order for the payment of general creditors, and without such order payments are made at his peril; yet where the payment of such claims is credited in his annual accounts, and such accounts are allowed and settled by the court, the order allowing them is not void, but is an appealable order, which, however ill-allowed or erroneous, becomes conclusive upon unpaid creditors who do not appeal therefrom; and the fact that an apparently solvent estate appears to be insolvent, upon settlement of the final account of the administrator, cannot authorize an attack by an unpaid creditor upon the items of payments to creditors allowed in the previous annual accounts of the administrator.</p> <p>In.—Family Allowance—Order Prior to Inventory—Allowance of Payments after Inventory.—Payments made on account of family allowance after the filing of the inventory, without further or other order of the court than that made for such payments until the filing of the inventory, or until further order of the court, which were settled- and allowed in the annual accounts, without appeal therefrom, cannot be objected to upon settlement of the final account because of the final insolvency of the estate; and a payment made by the administrator thereon after the last settlement of an annual account, in good faith, at a time when the estate was not known to be insolvent, and when the family was without other means of support, may be properly allowed by the court in the settlement of the final account.</p> <p>Id.—Commissions of Administrator—Real Estate Sold under Deed of Trust.—The commissions of the administrator are to be allowed upon the amount of the estate accounted for by him; but the valuation in the inventory is not conclusive ev