In re the Estate of Cahalan

Citations

• 70 Cal. 604
• 12 P. 427
• 1886 Cal. LEXIS 855

Syllabus

<p>Estate of Decedent—Order Settling Account and Discharging Executor — Setting aside. — After the expiration of the time limited by section 473 of the Code of Civil Procedure, a decree settling the final account of an executor and discharging him from his trust, if regular upon its face, cannot be set aside by the Probate Court on the ground that it had been inadvertently and prematurely entered. The remedy in such a case is in equity.</p> <p>Id. —Review of Order Setting aside. —An order setting aside a decree settling the final account of an executor, although not directly appeal-able, may be reviewed on an appeal by the executor from a subsequent decree settling his final account.</p>