In re Estate of Clos

Citations

• 110 Cal. 494
• 42 P. 971
• 1895 Cal. LEXIS 1087

Syllabus

<p>Estates of Deoeased Persons—Accounts of Executor—Necessary Repairs and Improvements.—Although, as a general rule, executors and administrators are not required nor permitted to make permanent improvements upon the property of the estate in their charge, in the way of erecting new buildings and structures; yet that rule does not apply where repairs and improvements are absolutely necessary to keep the premises in good tenantable condition, and the improvements are rendered necessary by the requirements of a city ordinance over which the executrix has no control, and were made in good faith to the increase of the value of the property; and, in such case, the executrix should be allowed for the repairs and improvements upon the real estate belonging to the estate.</p> <p>Id.—Principle of Equity—Reasonable Expenditures by Executor.— Where the estate has received the full benefit of expenditures, which have been reasonably made by an executrix, it is inequitable to hold that the executrix is not entitled to reimbursement; and the acts of an executor or executrix in the administration of the trust are to be adjudged according to the rules and principles of equity.</p> <p>Id.—Permission of Court—Allowance of Account. — Although it is better practice for an executor first to procure the permission of the probate court to make a needed improvement, before proceeding thereto, yet this is not an indispensable condition to the allowance of the demand in the settlement of the executor’s account, where it appears that the expenditures were just and reasonable, and were made in the interest of the estate.</p>