Hicks v. Varian

Citations

• 123 Cal. 256
• 55 P. 897
• 1899 Cal. LEXIS 1053

Syllabus

<p>Estates of Deceased Persons—Accounts of Joint Administratrices— Division of Commissions— Attorney’s Fees—Discretion.— The superior court has discretion in settling the accounts of two joint administratrices of the estate of a deceased person to divide the commissions between them, and to apportion the allowance of counsel fees between them, and its action will not be disturbed upon appeal, where no abuse of discretion, or errors of law, appear.</p> <p>Id.—Exclusive Possession of Assets—Demand—Riqht to Commissions.—The fact that one of the administratrices, who first qualified, took and held exclusive possession of the assets, and proceeded to administer thereupon, and that no formal demand for possession of the property was made by the excluded administratrix, cannot operate to deprive the latter of her right to commissions, where it appears that such demand would have been useless, and that she was willing and anxious to take part in the administration, and performed some acts of administration, and made report of all the facts to the court.</p> <p>Id.—Payment of Attorney’s Fees—Prior Allowance.—An administratrix is not required to make payment of her attorney’s fees before an allowance thereof by the court, hut has the right to have the court determine in the first instance what amount should he allowed before paying the same.</p>