Thompson v. Staacke

Citations

• 131 Cal. 1

Syllabus

<p>Estates of Deceased Persons—Orders Modifying Family Allowance—Undecided Question as to Original Order—New Orders not Void.—Without deciding the question whether an order making a family allowance until further order of the court became void ipso faoto upon the return of the inventory, or expired by limitation one year from its date by reason of the insolvency of the estate, an order, made more than three years from the date of the original allowance, modifying it, and a subsequent order of modification thereof, are not void upon their face, and may be considered as new and independent orders, within the jurisdiction of the court.</p> <p>Id.—Solvency of Estate—Bes Adjudicata—Payments by Executrix —Collateral Attack by Creditors.—Each of such orders constitutes an adjudication that the estate was solvent when it was made; and where no direct attack was made upon such adjudication by appeal or motion to set it aside, it cannot he collaterally attacked by the creditors by impeaching payments made in pursuance thereof by the executor, on the ground that the, estate was then insolvent, and that the court lacked jurisdiction to make the order.</p>