Estate of Troy

The appellants have appealed from an order of the probate court directing them to pay into court moneys found to belong to the estate of Troy, deceased, of which respondent Hanks is the executrix. The moneys are proceeds of the sale of real property belonging to the estate which came into the possession of the appellants in their capacity as attorneys for the executrix. They make no claim of title but insist that they are excused from complying with the order because of certain attachments which have been levied in actions pending against the executrix personally. Of the sums ordered to be paid $8,000 is on deposit in a local bank to the joint account of Palmer and Dorn, while the remaining $779.58 is held by Dorn alone. Palmer has en deavored to meet the terms of the order and does not join in the appeal.

The order was made pursuant to a citation and hearing under section 1461 of the Code of Civil Procedure, wherein it appeared that certain real property belonging to the estate had been sold under order of court; that the entire proceeds had been received by appellant Dorn; that he paid from these moneys claims against the estate and legacies included in the decree of…