Estate of Larzelere

Good Law
1935 Cal. App. LEXIS 452·4 Cal. App. 2d 483·41 P.2d 362
Court of Appeal of CaliforniaFebruary 11, 1935Civ. 9733California769 words

Opinion

Opinion

Sturtevant, J.

This is an appeal' from an order settling the first account of the executrix of the estate of the decedent.

Leigh R. Larzelere was formerly engaged as a commission merchant under the name of L. R. Larzelere & Co. and as such he was engaged in dealing in perishable vegetables. After his death his widow, Dorothy A. Larzelere, was appointed executrix of his last will and testament.' She duly qualified and thereafter she filed in the probate court a document purporting to be her first account. To the allowance thereof Thomas W. Firby, as assignee of one of the creditors, filed written objections. The settlement of the account and objections were referred to D. M. Coghlan as referee. He filed a report from which it appeared that there was a balance of $2,088.60 chargeable to the executrix. Later the settlement of the account came on for hearing before the court. The record discloses that oral evidence was introduced. Thereafter the trial court made an order disallowing certain items of the total sum of $1650, and making certain other changes, settled the account showing a balance due the estate from the executrix of $2,081.60. From said order the executrix has appealed.

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