Estate of Ballentine

Citations

• 1 Myrick 86

Syllabus

<p>Homestead set apart to widow alone, there being no minor children.</p> <p>The widow, all the children being adults, is entitled to have the residence set apart for her use as a homestead.</p> <p>Construing sections, C. C. P„ 1465, 1486, 1517, 1544, 1549-53-54,1616-18; affirmed, 45 Cal., 696.</p> <p>Sale of Real Estate.—Employment of bbokbrs.—Brokerage.</p> <p>An executor has no right to bargain with a broker to procure bids for real estate upon the condition that he shall receive of the sum bid all over a given amount, even though that given amount is a fair price for the property.</p> <p>Brokerage is allowable as an expense of administration, but the amount should be passed upon by the Court.</p> <p>Attorney’s fee.—Where an attorney performs services which should properly devolve upon the executor, he should look to the executor for payment out of the executor’s commissions.</p>