In re Estate of Sanderson

Citations

• 2 Cal. Unrep. 750
• 13 P. 497
• 1887 Cal. LEXIS 842

Syllabus

<p>Executors—Accounts—Practice.—A Probate Court has the Power, in the settlement of an executor’s account, to allow or disallow any items in the account, even though there is no contest; and, where it is brought to the knowledge of the court that the executor has failed to charge himself with money or property belonging to the estate, it is the duty of the court to examine the matter of its own motion.</p> <p>Executors—Sal'e of Currency.—An Executor has No Authority, without an order of the probate court, to sell currency belonging to the estate for coin, and it rests 'in the discretion of the court to approve or disapprove the sale.</p> <p>Executors—Delay in Collecting Debt.—If an executor delays to take steps for the collection of a debt until after the ‘same is outlawed, and the delay is not in consequence of any mistake of law, or of advice given by his attorney, he will be liable to the estate for the loss occasioned by his negligence.1</p> <p>Executors—Joint Executors—Several Liability.—Each executor of an estate is responsible severally for his own acts, and for money or property which has come to his own hands.</p>