Estate of Davis

The facts of this case are well stated in the brief of counsel for the respondents, George W., Samuel D., Edward and William G. French as follows:

The appellant, in his final account, upon the theory that the estate of said Jane Davis was not “distributed in kind” (sec. 1618, Code Civ. Proe.), asks for commissions aggregating $10,517.66. To this claim the respondents objected on the ground that the property of the estate “is distributed in kind and the administration of said estate involved no labor beyond the custody and distribution of the same by the said administrator,” etc.

The court, in its decree settling the account, having found that the estate was “being distributed in kind and involved no labor beyond the custody and distribution of the same,” reduced the claim for the administrator’s commissions, allowing him only the sum of $5,792 as compensation for his services as such administrator. The administrator was also allowed the sum of $10,792 to be paid to his attorneys as counsel fees.

The appeal is by said administrator from that portion of the decree fixing and settling his compensation.

Objection is first urged against the consideration of the record by this court…