In re the Estate of Ortiz

Citations

• 86 Cal. 306
• 24 P. 1034
• 1890 Cal. LEXIS 1025

Syllabus

<p>Executors and Administrators — Duty of Domiciliary Executor — Foreign Assets — Willful Neglect. — It is the duty of a domiciliary executor to gather in and account for the foreign assets of his testator to the extent of his conscious ability to do so, and the court of the domicile may compel him to account for willful neglect to perform such duty.</p> <p>Id. — Control of Foreign Assets — Duty to Account for and Distribute Residuum — Ancillary Administration. — Where the will of a resident of this state expressly authorizes the executor to collect all of the assets of the testator, and he has taken domiciliary administration in this state, and ancillary foreign administration, and obtained control of foreign assets of the estate, he may be compelled by the court of the domicile to account for the residuum of the foreign assets, after deducting all proper demands and charges against them, and to distribute such residuum as domiciliary executor, although the ancillary administration of the foreign assets may not have been closed, if it appears that he might have closed it with ordinary diligence, and have had the residuum transferred to him in this state before he filed his final account, and has willfully neglected to do so.</p> <p>Id. — Traveling Expenses — Foreign Administration. — Traveling expenses connected with the administration of foreign assets should be allowed out of those assets, and not out of the assets collected in this state.</p>