Estate of Miller

This is an appeal from an order settling the final account of an administrator. Shortly after the death of John Peter Miller, special letters of administration were issued upon his estate to L. L. Fargo. Thereafter, on April 12, 1907, general letters with the will annexed were regularly issued to S.C. Rodgers, the public administrator of Santa Cruz county, in the superior court of which county the settlement of the estate was pending. In due course the administrator filed his final account and petition for the settlement thereof, which account was in due course approved as rendered. Thereafter a motion, made under section 473 , Code of Civil Procedure, by certain absent heirs and legatees, to set aside and vacate that order was granted. Subsequently, upon second hearing of the administrator's account, and objections thereto filed by said heirs and legatees, said account was settled as presented, except as to the administrator's commission and the fees of his attorney; that is to say, the court deducted from the fees and commissions allowed by law to the administrator and his attorney a sum equal to the fees and commissions which it had theretofore allowed the special administrator…