Willson v. Hernandez

Citations

• 5 Cal. 437

Syllabus

<p>An administrator having resigned, on settlement, the Judge of the Probate Court found him indebted to the estate in the sum óf sixteen thousand dollars, and ordered him to pay it into Court, and upon his refusal to do so, the heirs brought an action on his administration bond. Held, that there was no law making the Judge of Probate a fiscal agent, and the decree for the payment of the money into Court was coram non judice.</p> <p>The refusal of the administrator to pay the money into Court was no breach of the conditions of the bond.</p>