Finnerty v. Pennie

Citations

• 100 Cal. 404
• 34 P. 869
• 1893 Cal. LEXIS 808

Syllabus

<p>Estates of Deceased Persons—Decree of Distribution—Lien of Ad. ministrator.—A decree of distribution which provides for the distribution of the property “subject to the claim of the administrator” for a sum named, is in effect a declaration that the property is charged with the payment of the sum named, and creates a lien therefor on the property by operation of law.</p> <p>Id.—Power of Court to Charge Estate With Pees of Administrator.— The probate court has the right and power to charge the property of an estate with the payment of administrator’s fees.</p> <p>Id.—Administrator’s Lien Against Heirs of Deceased Heir.—Where the sole heir of the estate of a decedent dies before the estate is settled, and administration is separately had upon his estate, and the same administrator is appointed to settle each of the estates, the heirs of the deceased heir take the estate distributed to them not only subject to a lien in favor of the administrator charged thereupon for his fees in settlement of the estate of the deceased heir, but also take it subject to a lien charged by the court upon the estate of the original decedent in favor of the administrator.</p> <p>Id.—Conclusiveness of Decree—Adverse Claim of Administrator.— The last decree of distribution to the heirs of the deceased heir does not conclude the rights of the administrator of the first estate as an adverse claimant of a lien thereupon.</p>