Reynolds v. Brumagim

Citations

• 54 Cal. 254

Syllabus

<p>Estates of Deceased Persons—Administrator—Settlement of Account. Under our system, the Probate Court has jurisdiction to settle the accounts of an administrator, and to ascertain and determine Ms liability to the estate; and the decree of that Court, settling the accounts and fixing the amount of liability, is conclusive. Accordingly, where the final account of an administrator, upon Ms resignation, was settled and approved, and he was discharged; and afterward an action was brought against him by his successor, for neglect in failing to bring suit, within the period prescribed by the Statute of Limitations, for land in the possession of adverse claimants, whereby the land was lost: Held, that if the defendant had incurred any liability, it was full and complete at the time of the settlement of his final account, and might then have been ascertained and determined; and that the order settling Ms account and discharging him was conclusive against his liability.</p> <p>Findings—Nonsuit.—Where the plaintiff is nonsuited, findings are not necessary; and in no event will a judgment be reversed for want of findings, unless it appears from the transcript that findings have not been waived.</p>