Estate of Barnhart

Good Law
272 Cal. App. 2d 768·77 Cal. Rptr. 753
Court of Appeal of CaliforniaMay 12, 1969Civ. No. 33425California6,499 words

Opinion

Opinion

Joslyn & Joslyn and R. B. Joslyn for Objectors and Respondents.

This is an appeal by Patricia (Chalgren) Babcock (hereinafter, Patricia), daughter of the deceased, George Edward Barnhart (hereinafter, decedent), and proposed distributee of his estate, from an order [fn. 1] settling the third and final account [fn. 2] after the overruling of exceptions to the account and petition for distribution, which had been filed by Patricia. The respondents named in the appeal are the other proposed distributees except Joan Pengra (hereinafter, Joan), the other daughter of the deceased. [fn. 3]

The exceptions to the final account filed in the probate court appear in an original and in a supplemental document. They are as follows:

(1) That there are improperly charged against Patricia payments of principal and interest on loans secured by the real property devised to her totalling $30,897.45 (this is made up of $1,197.30 principal and interest paid against the encumbrance on the New York Drive property, $8,070 principal and interest paid against the encumbrance on the Waldo Avenue property and $21,630.15 being the amount of the encumbrance assumed by the buyer of the Waldo Avenue…

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