In re Estate of Sylvester

Citations

• 105 Cal. 189
• 38 P. 648
• 1894 Cal. LEXIS 1134

Syllabus

<p>Estates of Deceased Persons—Settlement of Executor’s Account— kamm oii Suuvivim Ikmii-MiMCTM-kkoim^WIim an executor is also the surviving partner of the deceased, and presents his account for settlement in the probate court, purporting upon its face to be his account as executor and not as surviving partner, such executor cannot contend upon appeal from an order settling the account that the account involved is the account of the surviving partner under section 1585 of the Code of Civil Procedure, and that the court has no jurisdic tion to settle such an account.</p> <p>Id.—Review of Evidence upon Appeal—Substantial Conflict.—Where the evidence is substantially conflicting, an order settling the account of the executor will not be disturbed upon appeal.</p> <p>Id.—Support of Findings—Stipulation.—A stipulation made at the trial in the same terms as a finding made thereupon is sufficient to justify the finding.</p>