In re Estate of Couts

Citations

• 87 Cal. 480
• 25 P. 685

Syllabus

<p>Estates of Deceased Persons — Sale of Realty — Petition of Creditor of Executor — Nonsuit.—Where a petition for the sale of the real estate of a decedent, presented by a creditor of the executor whose claim has been allowed by the court, states sufficient facts to justify the sale, and the petitioner introduces evidence tending to prove every material allegation of the petition, it is error to grant a nonsuit on motion of the devisees.</p> <p>Id. .— Allowance for Services during Administration — Petition of Claimant—Neglect of Executor. —A claimant for services rendered to the estate during administration, whose claim has been allowed by the court as a proper expense of administration, may apply for a sale of the real estate to pay his claim, if the executor lias not funds sufficient to pay it, and neglects to apply for the order of sale.</p> <p>Id. — Construction of Code — Creditors of Executors — Expenses of Administration. — Sections 1536 and 1545 of the Code of Civil Procedure are intended to afford creditors of the executors as well as creditors of the decedent the means of securing payment of tbeir claims against the estate, and contemplate expenses of administration which the executor neglects or refuses to pay.</p> <p>Id. — Unpaid Claims against Executor — Settlement of Account — Jurisdiction, — Claims against an executor for services rendered or materials furnished to the estate during administration need not be paid until they are allowed m the settlement of his account; hut the court may determine, after notice to all persons interested, whether the estate is liable at all, and if so, in wliat amount.</p> <p>Id.—Settlement of Executor’s Account — Appealable Order.—An order settling the account of an executor is appealable.</p> <p>Id.—Conolusiveness of Allowance of Claim —Petition for Sale of Realty. —The allowance by the court of a claim for services rendered to an executor as part of the expenses of administration included in his account is conclusive