Vance v. Smith

Citations

• 124 Cal. 219
• 56 P. 1031
• 1899 Cal. LEXIS 973

Syllabus

<p>Estates oe Deceased Persons—Building Association Stock—Order— Assignment.—An order given by a wife to her husband for the payment to him of building association stock which would be to her credit, after the maturity, does not amount to an assignment of the stock; and upon her death before maturity of the stock, and upon the husband becoming her administrator, and collecting and receipting for the stock as such administrator, he is chargeable with the collection of the stock as part of the estate of the deceased wife.</p> <p>Id.—Accounting in Equity with Estate oe Deceased Administrator— Cross-complaint.—In an action in equity for an accounting against the estate of a deceased administrator, where a demurrer was sustained to a cross-co-mplaint filed by the defendant, and no amended cross-complaint was filed, and the action was tried upon the complaint and answer, which were sufficient to justify the findings of the court with reference to the account, the so-called cross-complaint may be- disregarded as surplusage.</p> <p>Id.—Judgment against Administrator op Deceased Administrator.— The judgment rendered in such action against the administrator of the deceased administrator must be made payable out of his estate in due course of administration.</p>