Sullivan v. Pratt

Citations

• 119 Cal. 153
• 51 P. 1099
• 1897 Cal. LEXIS 869

Syllabus

<p>Estates of Deceased Persons—Trust under Will—Settlementof Account of Trustees—Error in Date of Commencement of Annuity—Amendment.—Where an order settling an annual account of trustees under the will of a deceased person erroneously purported to fix the date of the commencement of an annuity upon which payments were made by the trustees at a time subsequent to the death of the testator, and contrary to the previous express decision of the court that the annuity was to date from the testator’s decease, made in an action brought by the trustees to determine the date from which the annuity began to run, it is proper for the court to grant a motion, based upon all the papers and proceedings in both causes, for an amendatory order, such that the sums paid by the trustees should be merely “allowed on account of said annuity.”</p>