In re Moore

Citations

• 88 Cal. 1
• 25 P. 915
• 1891 Cal. LEXIS 636

Syllabus

<p>Special Administrator — Receiver — Powers and Duties.—The office and duties o£ a special administrator are similar to those of a receiver in equity, the powers and duties of each being limited to such as are defined by statute, or expressed in the order of his appointment, or in such order as he may from time to time receive for the purpose of more effectually preserving the estate intrusted to his charge.</p> <p>Id. — Expenditures without Previous Order — Approval of Court. — Though it is matter of prudence to obtain a previous order for necessary expenditures, there is no rule of law which will deprive the court of power to reimburse a special administrator or receiver, if his acts and expenditures are approved.</p> <p>Id.—Repairs by Special Administrator — Expenditure in Excess of Power Granted — Allowance of Account. —The payment by a special administrator, for repairs to the property of the estate, of a sum in excess of the amount allowed by a previous order of the court to be expended therefor, and for repairs not previously authorized, should not be disallowed in the settlement of his account merely because of such excess of power, if it appear that the repairs were necessary and the expenditure reasonable.</p> <p>Id.—Settlement of Account — Discretion of Court.—The approval of the account of the special administrator in respect to expenditures for necessary repairs is in the discretion of the judge settling the account, and is not subject to review, unless it appears that the discretion has been abused.</p> <p>Id. — Compensation of Special Administrator — Discretion. — The compensation of a special administrator is in the discretion of the court, and it is not improper for the court to take the rate of compensation fixed by the statute for an administrator as the standard for determining a proper allowance to be made to him.</p>