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· 5/14/1884

In re Estate of Parsons

Citations

  • 65 Cal. 240
  • 3 P. 817
  • 1884 Cal. LEXIS 501

Syllabus

<p>Almlnistbation—Contest oe Will by Administbatob—Attobney’s Fees not a Chabge Against the Estate.—It is no part of the duty of an administrator to contest the probate of a will, and the fees paid an attorney at law for services in such contest is not a proper charge against the estate.</p> <p>Id.—Settlement oe Administbatob’s Account—Allowance oe Items not Paid.—In the final settlement of an administrator’s account it is not error for the court to adjudicate upon items in anticipation of payment, such as clerk’s fees and the like.</p> <p>Id.—It is error for the court to find that certain sums had been paid for the redemption of real property belonging to the estate from a tax sale, when there is nothing in the account or report, or any of the proceedings, upon which to base such finding.</p> <p>Id.—In an order settling the administrator’s account the court adjudged that all the items allowed and not paid were a lien and charge upon the property of the estate. Seld, that the order could produce no injury to any one.</p>

Judges: Myrick

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