In re Estate of Levinson

Citations

• 108 Cal. 450
• 41 P. 483
• 1895 Cal. LEXIS 873

Syllabus

<p>Estates of Deceased Persons—Order Settling Account of Administrator—Review upon Appeal—Construction of Code.—Upon appeal from an order settling the account of an administrator, taken more than sixty days after the order was signed and filed with the clerk, and less than sixty days after it was 'entered in the minute-book of the court, the evidence upon which the order was based is open for examination and review by the appellate court; and the provision of section 939 of the Code of Civil Procedure, that upon appeal from a judgment the evidence cannot be reviewed unless the appeal is taken within sixty days after the rendition of the judgment, does not apply to an appeal from such an order.</p> <p>Id.—Bill of Exceptions—Specifications of Insufficiency of Evidence —Items of Account.—The account of an administrator is a bill of items, and specifications of the insufficiency of the evidence to justify the decision settling the account are stated with sufficient particularity when the evidence is alleged to be insufficient to justify the decision allowing particular items of the account specified in the bill of exceptions.</p> <p>Id.—Settlement of Accounts—Findings not Required — Nonwaiver. The manner in which the account of an executor or administrator is usually made up, and the manner in which objections thereto are usually presented, do not at all conduce to the development of issues such as arise upon the pleadings in a civil action, and in such a proceeding it is not incumbent upon the court to make and file express findings; and the fact that findings were not waived, and that none were made, is not ground for the reversal of the order accepting the account.</p> <p>Id.—Change of Administration of Estate—Allowance of Commissions . —Presumption—Extraordinary Services not Claimed.—Where the executor of a will of a deceased nerson has resigned the administration of the estate, and has been allowed a certain sum on account of commissions thereon, and has paid over