Deck's Estate v. Gherke

Citations

• 6 Cal. 666

Syllabus

<p>The power of the Probate Judge to remove, in his discretion, an administrator for any of the causes named in the statute, will not be interfered with by the appellate Court, unless it should be clearly shown that there has been a gross abuse of discretion.</p> <p>So much of the act of 1855 as provides for the transfer to the District Court of issues of fact already decided in the Probate Court, is unconstitutional and void, as the effect of the act would be to indirectly confer appellate jurisdiction upon the District Court.</p> <p>By our probate law, claims against an estate, which have been allowed by the administrator and the Probate Judge, have the force and effect of judgments; and it is error in the Probate Court to reject, on the final settlement of the administrator's accounts, sums paid by him on claims so allowed.</p> <p>This rule only applies to such claims as are debts againát the estate, and not to expenses incurred, or disbursements made, by the administrator, the policy of the law being merely to prevent estates from being squandered in useless litigation.</p>