Ruggles v. Welch

Citations

• 106 Cal. 427
• 39 P. 805
• 1895 Cal. LEXIS 623

Syllabus

<p>Estate of Deceased Persons—Special Administrator—Family Allowance—Partial Distribution—Appeal.—The special administrator of the estate of a deceased person may appeal from an order directing him to pay the arrearage of family allowance which has accrued since the suspension of the general administrator, and also from a decree of partial distribution.</p> <p>Id.—When Trustee may Appeal.—Wherever an order or decree involves a construction of the proper exercise of the duties of a trustee, or presents a question as to the right or power of the trustee to comply with it, or wherever obedience to it might subject him to liability, even where the order is one merely for the payment of funds, the trustee may appeal therefrom.</p> <p>Id.—Family Allowance—Finding as to Necessity for.—An order for the payment of a family allowance to a widow is not invalid for lack of a specific finding that the property exempt from execution and already set apart for her support was insufficient for that purpose. The fact that the court, after setting aside exempt property, made an order for family allowance, involved of necessity the decision that the amount originally set apart was insufficient.</p> <p>Id.—Claim Against Estate.—An order directing a special administrator to pay the arrearage of family allowance, which had been granted to the widow during the progress of the general administration of the estate, is not an order for the payment of a claim or debt against the estate; and the fact that the widow made application for the payment of such arrearage did not convert her statutory right into such debt or claim.</p> <p>Id.—Continuance of Right to Family Allowance.—A widow’s right to the payment of a family allowance which had been granted to her while the estate was in the hands of a general administrator, is not suspended by reason of the removal of the general and the appointment of a special administrator. The right to such allowance continues during the special administration.<