Estate of Shillaber

Citations

• 1 Coffey 101

Syllabus

<p>Special Administrator.—It is the Duty of a Special Administrator to Collect and preserve, for the executor or administrator, all personalty and choses of every kind belonging to the decedent and his estate; also to take the charge of, enter upon and preserve from damages, waste and injury the realty.</p> <p>Special Administrator—Actions by and Against.—For all purposes of the performance of the duty of a special administrator to collect and preserve the assets, real and-personal, of the decedent, and for all necessary purposes, he may commence and maintain or defend suits and other legal proceedings, as in the ease of a general administrator.</p> <p>Special Administrator—Accounts.—The Accuracy of a special administrator’s account will be tested by strictly legal methods, under the rule of section 1415, Code of Civil Procedure, and his duty as therein found, and as defined in the first and second headnotes above.</p> <p>Special Administrator—Allowance for Clerical Assistance.—In this case the court allowed the special administrator for clerical help in collection of rents, and keeping the accounts, four per cent upon the collections; but reserved the right in other cases to deal differently with a similar item.</p> <p>Special Administrator.—An Item of Expense for Detective Service, claimed to be incurred for the estate’s interest, was in this case disallowed by the court.</p> <p>Special Administrator—Expenditure on Personalty.—Until distribution, an article of personalty specifically bequeathed by decedent must be treated as part of the estate, and not allowed to deteriorate. Hence, where the special administrator has made an expenditure upon such article to prevent its deterioration, the item should be allowed in his account.</p> <p>An Executor is Entitled to the Assistance of Counsel, Even When He is Himself an Attorney; and he will be granted an allowance for counsel employed by him; but in dealing with the question, the court will be mindful of the fact that t