Rodgers v. Schlegel

Citations

• 15 Cal. App. 557

Syllabus

<p>Estates of Deceased Persons—Administrator With Will Annexed— Order Setting Aside Final Account—Contest bt Absent Legatees—Discretion.—It was within the discretion of the court to set aside and vacate the order settling the final account of an administrator with the will annexed, upon the petition of absent heirs who are legatees; and in view of their objections stated in their letters and shown by the affidavit of their attorney, and of the files and records of the court, it is held that there was no abuse of discretion of the court in setting aside and vacating such order.</p> <p>Id.—Error in Reducing Allowance of General Administrator and His Attorney—Improper Deduction of Allowance to Special Administrator.—Under the language of sections 1618 and 1619 of the Code of Civil Procedure, the general administrator of an estate and his attorney are entitled to the fixed percentage therein provided, and the court cannot diminish the same by the deduction of any previous allowance made to a special administrator and his attorney.</p> <p>Id.—Power of Court to Allow Compensation to Special Administrator—Code Section not Belated to Compensation of General Administrator.—Where there has been a special administration of an estate, the special administrator is entitled to a compensation for which a reasonable sum must be fixed by the court under section 1417 of the Code of Civil Procedure, which section has no relation to the compensation fixed by sections 1618 and 1619 of the same code for a general administrator and Ms attorney.</p> <p>Ib.—Apportionment Under Joint or Successive Executors or Administrators and Attorneys—General Administration.—The apportionment allowed between joint or successive administrators and their attorneys under sections 1618 and 1619 of the Code of Civil Procedure applies only to cases of general administration.</p> <p>Id.—Proper Disallowance of Account for Extra Services—Discretion.—The court properly disallowed the account of the administrator a