Sawyer v. Taylor

Citations

• 124 Cal. 45
• 56 P. 781
• 1899 Cal. LEXIS 938

Syllabus

<p>Will—Codicil—Appointment of Executor.—An olographic will designating a person who shall settle the estate is superseded, as to such designation, by a codicil expressly made part of the will, designating another person to have “full charge” of the estate “on and after the death” of the testator, “to receive all moneys and pay all bills for the term of seven years, and to be paid a liberal sum each and every year”; and the person so designated in the codicil is properly appointed by the court as executor of the will.</p> <p>Id.—Specifications in.Codicil—Period of Service—Yearly Compensation.—The specifications in the codicil as to the period of service for seven years, and as to a yearly compensation, do not defeat the intention of the testator that the person designated in the codicil shal be the executor of the will, nor do they require that the administration of the estate shall be kept open for seven years. The direction for yearly compensation is to be followed during the administration, but no allowance therefor is to be-made without the approval of the court, which can make such allowance from time to time as may be just, in view of the condition of the estate, and the extent to which the administration has been completed.</p>