Estate of Richmond

This is an appeal by the contestants from the order settling the final account of the executor, being the order and account considered on the executor’s appeal, No. 388, this day decided. The contestants appeal from the order allowing the executor a credit of $2,250 for property on hand, being certain land in Placer county. Also from the order allowing the sum of $1,000 as attorney’s fees.

1. It appears that in his account for 1889 the executor reported the loan of $1,500 to one Osborne and wife, secured by note and mortgage on the land in question. The item was contested on the ground that the loan was made by the executor in his individual name and without any order of court. At the hearing of that account the court found “that this loan was made for the benefit of the estate, and as a means of investing the money of the estate, and was made in good faith by the executor.” The court also found that the mortgage given as security was of real estate, “ample and complete security for the payment of the sum loaned, and although irregularly made,” it was nevertheless “an advantage to the estate and the executor having executed proper assignment of this mortgage to the estate, he is…