Walls v. Walker

Citations

• 37 Cal. 424

Syllabus

<p>Administrator’s Account.—If, in an annual account of an administrator, certain charges are rejected because the necessary vouchers are not produced, the administrator may include them in a subsequent account, and by producing vouchers have them allowed.</p> <p>Idem.—An annual account of an administrator is not conclusive, even as against the heirs and creditors, except as to such items as are included in it and actually passed upon by the Probate Court.</p> <p>Duty of Administrator.—When an administrator has funds in his hands over the expenses of the funeral and last sickness of the intestate, and the allowance to his family, he should obtain an order at his next annual settlement to apply the same to the payment of debts.</p> <p>Charging Administrator with Interest.—Where an administrator uses the funds of the estate in his private business, or retains them in his hands for an unreasonable length of time, to the prejudice of the heirs and creditors, he will be charged interest on the same in his settlement.</p> <p>Idem.—If the heirs or creditors seek to charge the administrator with interest on funds in his hands, they must show affirmatively that ho kept the funds an unreasonable length of time, or used the same in his private business, or derived profit therefrom.</p> <p>Settlement of Estate.—An administrator must prosecute the settlement of an estate with all reasonable diligence.</p> <p>Administrator to Account for use of Deceased’s Land.—If an administrator occupies and uses the real estate of his intestate, he becomes the tenant of the estate, and must not only account to the estate for the rental value of the land, but must, if he makes a profit, account to the estate for that also. If he sustains a loss, the loss is his; ho must at all events pay the rental value of the land. Idem.—An administrator cannot be charged with the rental value of land of the estate after it has been sold by the Sheriff under a foreclosure sale. Eroin that time the purchaser a