Walker v. Walker

Citations

• 125 Cal. 242
• 57 P. 991
• 1899 Cal. LEXIS 837

Syllabus

<p>Estates of Deceased Persons—Final Account of Administrator—Debt Chargeable As Money—Liability of Sureties.—In the settlement of the final account of an administrator, he is to be charged with a personal debt due from him to the decedent, as money on hand; and his sureties are bound for so much of the debt as he has had the means to pay.</p> <p>Id.—Insolvency' of Administrator—Fiction of Law—Injustice not Allowed.—The debt due from an insolvent administrator is not for all purposes to be regarded as money on hand; but it is so regarded by a fiction of law, which can only subsist with justice, and should not be allowed to work injustice either by charging the administrator with contempt or embezzlement, in not paying over moneys not received, and which he was wholly unable to pay, or by charging the sureties with liability beyond the faithful discharge of the duties of the administrator.</p> <p>Id.—Form of Decree Settling Account—Showing as to Debt.—In case of insolvency of the administrator, and his inability to pay the debt to the estate, which has remained uncollected without his fault, the proper form of the decree in settling his final account is to charge him with the entire sum, including the debt due from himself, and then to show what portion of the amount consists of debts due from the administrator to himself.</p> <p>Id.—Offered Proof of Insolvency—Decree Settling Annual Account.—The rejection of offered proof of insolvency upon the settlement of the final account of the administrator, is without injury, where the decree settling the annual account offered by the contestant, shows that the administrator was charged therein, not for money actually received, but for a debt due from him to the estate. Either such offered proof, if admitted, or such decree, entitles the administrator to a final decree showing on its face what portion of the money charged against him is for such personal debt due.</p>