In re Estate of Hope

Citations

• 106 Cal. 153
• 39 P. 523
• 1895 Cal. LEXIS 584

Syllabus

<p>Estates oe Deceased Persons—Advance Payment oe Claim not Compulsory—Construction oe Code—Jurisdiction of Court.—Section 1513 of the Code of Civil Procedure contemplates the payment of the principal as well as the interest of any claim authorized thereunder to be paid by order of the court; but the owner of a debt, although it is a preferred claim bearing interest, cannot compel an advance payment of it, and the court has no jurisdiction to make an imperative and mandatory order to compel the executor to pay any claim in advance of the filing of an inventory and account of administration, and only has authority to make a permissive order for the advance payment of a claim against the estate.</p> <p>Id.—Liability of Executor—Interest.—An executor having authority from the court to pay a preferred claim bearing interest, the payment of which is warranted by the condition of the estate, will be liable to the estate for interest accruing thereafter, if the refusal to pay it is not based upon sound reasons.</p>