McCurrie v. Delaney

Citations

• 110 Cal. 563
• 42 P. 981
• 1895 Cal. LEXIS 1098

Syllabus

<p>Estates of Deceased Persons — Commissions of Executor — Value of Litigated Land Not Belonging to Estate.—An executor cannot be allowed a claim for commissions upon lands, though included in the inventory of the estate, which were at that time involved in litigation, wherein a final judgment was subsequently rendered adverse to the estate.</p> <p>Id.—Additional Allowance.—The commissions which the statute authorizes to be allowed an executor, is the compensation fixed by law for his care of the property belonging to the estate, and the court is not authorized to make any additional allowance, without a petition therefor showing the rendition of extraordinary services.</p> <p>Id.—Excess of Claim Less Than Three Hundred Dollars—Appellate Jurisdiction—Order Settling Executor’s Account.—The fact that the share of the commissions in excess of the amount which should have been allowed is less than three hundred dollars, cannot defeat the appellate jurisdiction of the supreme court, which has jurisdiction in all such probate matters as may be provided by law, and is authorized to entertain an appeal from an order settling the account of an executor, , irrespective of the amount involved.</p> <p>Id.—Appealable Orders—Order Settling Account—Decree of Distribution—Union of Orders.—An order settling an account, as well as a decree of distribution, is appealable, and the right of appeal from either of these orders is not affected by the fact that both of the orders were made at the same time, and included in the same paper under one signature of the judge.</p> <p>Id —Dismissal—Service of Notice of Appeal.—The appeal from the order settling the account will not be dismissed because the notice of appeal therefrom was not served upon any other party than the executor; and where the order settling the account is reversed, it necessarily vacates the decree of distribution, and, in such case, the appeal from the decree will not be dismissed for failure to serve the notice of appeal