Firebaugh v. Burbank

Citations

• 121 Cal. 186
• 53 P. 560
• 1898 Cal. LEXIS 872

Syllabus

<p>Estates oe Deceased Persons—Services of Attorney for Executors.—An attorney for executors has no claim against the estate of the deceased testator, except for services rendered to them in behalf of the estate, and in such an amount as may be allowed therefor by the court to the executors.</p> <p>In.—Distribution to Executors as Trustees—Defense of Decree—Estate not Chargeable.—The executors are not authorized to make a charge against the estate for the purpose of defending a decree of distribution to them as trustees, against an appeal therefrom.</p> <p>In.—Appeal from Decree of Distribution—Care of Estate—Supplemental ■ Account.—The appeal of the widow as heir of the estate from the decree of distribution to the executors as trustees suspended its execution, and the executors were required to retain the property in their care and custody; and, upon reversal of the decree, were entitled to present a supplemental account for extra services or commissions or for compensation for the services of an attorney whose aid was required during said period, and to be allowed such sums as the court might deem just and reasonable, upon a proper showing.</p> <p>In.—Commissions of ' Executor—Change of Character of Property.— The executor is not entitled to extra commissions for any mere change in the character of the property, such as the collection of outstanding claims distributed in kind, or the collection of policies of insurance for property destroyed by fire, there being no increase in the value of the property, and no additional estate to be accounted for.</p> <p>In.—Extra Services of Executor.—An executor is not entitled to any further allowance in addition to the commissions fixed by statute, unless he shall show that he has rendered some extraordinary services, and shall make a claim therefor, and it shall appear to the court that the claim is just and reasonable.</p> <p>Id.—Unallowed Claims for Services—Illegal Contract with Heir.—A contract between the heir and the