Gaver

The plaintiff brought an action against the defendants for an accounting. Judgment went for the plaintiff. The defendant W. H. Early appealed from the judgment under section 953a of the Code of Civil Procedure.

The record includes everything and it is very long, including upward of 2,000 pages of typewritten manuscript. It shows that Andrew P. Gaver, Sr., died testate leaving him surviving one daughter and one son, a minor, who has since attained his majority and who is the plaintiff in this case. By the terms of his will the father named the defendant, Ellen Gaston, his sister, as executrix of his will and requested her to name W. H. Early as her attorney for herself as executrix. After her brother’s death Mrs. Gaston took out letters, and on November 29, 1909, she also took out letters of guardianship over the person and estate of the plaintiff, then a minor. In each proceeding she employed W. H. Early as her attorney. The proceedings in probate in the matter of the estate of the father were so conducted that a decree settling the final account and distributing the estate was rendered May 8, 1911. No inventory in the guardianship proceeding was filed until November 10, 1911.…