Estate of Dunne

Citations

• 58 Cal. 543
• 1881 Cal. LEXIS 263

Syllabus

<p>Estates of Deceased Persons—Accounts—Compromise of Claim by Executor—Payment.—The executors, with the consent of J. F., one of the devisees under the will, compromised a claim against the estate—■ upon which, after rejection, an action had been brought—agreeing to pay thirty-five thousand dollars, and paid the same as follows: the executors being indebted by note to the estate for twenty-four thousand dollars, and J. F. by note in the same sum, the latter, by agreement’between the parties, executed his note and mortgage to the claimant for the sum of thirty-five thousand dollars, and the executors assumed, as between them and J. F., the payment of the one half thereof, and thereupon the executors credited the notes of themselves and J. F. with seventeen thousand five hundred dollars, respectively:</p> <p>Held, That the transaction amounted to a payment of the thirty-five thousand dollars, and the executors were entitled to a credit therefor.</p> <p>Id.—Id.—Claim—Interest.—Held, That the executors were not entitled to an allowance in their account for money paid by them in excess of legal interest in the absence of a written agreement by the testator to pay the same.</p> <p>Id.—Id.—Id.—Held, That the Court erred in refusing the allowance of an item in the executors’ account set out in the statement.</p>