Estate of Jones

This is an appeal from an order of the superior court settling the second annual account and report of D. W. Carmichael, as executor of the last will of Sarah Mildred Jones, deceased.

The appeal is by the Independence Indemnity Company, the surety upon the official bond of Carmichael, as executor of the last will of decedent.

The facts are briefly these: Sarah Mildred Jones died testate on February 12, 1925. Her will named D. W. Carmichael as executor and Lulu E. Parsons as executrix, but did not waive bonds. The Superior Court of Sacramento County, after proper proceedings had, admitted the will to probate and named the said D. W. Carmichael as sole executor and required that he give a bond in the sum of $50,000. Carmichael duly qualified as such executor and the said appellant Independence Indemnity Company gave bond to the state of California, as provided by law, in the sum of $50,000, which bond was approved by the judge of the superior court and letters testamentary were thereupon issued to Carmichael, and he proceeded to administer said estate. Notice to creditors was given, an inventory and appraisement filed, and- such other steps as are usual in administering estates in…