In re Estate of Stott

Citations

• 52 Cal. 403

Syllabus

<p>Order of Probate Court. — An order of the Probate Court from which an appeal can be taken is to be treated as final, and is conclusive of the matter therein determined.</p> <p>Idem.—If such order is one settling the account of an executor, it is conclusive of the amount with which he was then chargeable.</p> <p>Settling Accounts of an Executor. — If an executor mingles the funds of the estate with his own, or with the funds of a firm with which he is connected, the presumption is that such funds were used in his own business, or that of the firm, and the law makes him responsible for jiresumed profits upon the funds thus mingled, and he will be charged with legal interest, with annual rests, although there was no evidence of actual fraud.</p>