Hope v. Jones

Citations

• 24 Cal. 89

Syllabus

<p>Co-Executors—Relation to Each Other. — The partnership relation does not exist between co-executors, and they have no joint interest in the commissions allowed by law for their services in administering upon the estate.</p> <p>Id.—Commissions op. — The share of the commissions to which co-executors arc respectively entitled is not ascertained by any established rule of law, but upon the principles of equity.</p> <p>Id.—Separate Account. — Each co-executor may keep a separate account, and present the same for final settlement, and each is chargeable with the full amount of assets that have come into his hands, and is entitled to be credited with all disbursements legally made by him on behalf of the estate; and the Probate Court should fix the compensation of each in proportion to the service rendered.</p> <p>Executor who does not Act.—A co-executor who takes no care or charge upon himself touching the estate or any part thereof, collects no debts, makes no disbursements, and thus renders no service whatever, is not entitled to any share in the commissions.</p> <p>Suit for Commissions of Executor.—The District Court has no jurisdiction over the allowance or apportionment of the commissions of executors and administrators.</p>