Estate of Grivel

The present appeal is from the “decision and order rendered in the above entitled estate on the 2nd day of September, 1930, and filed in the office of the Clerk of the Superior Court of the County of Imperial on the 2nd day of September, 1930, and from the whole thereof wherein said decision and order settles and approves the account of John R. Wardlaw, as the administrator of the estate of Charlie T. Wardlaw, deceased”. It is called to our attention that the account so settled was in fact an account filed as a “supplemental and amended account”, after the death of C. T. Wardlaw, by respondent John R. Wardlaw as his personal representative. This account was settled and approved with the exception of one item.

Because of the divergent statements made by counsel in their briefs and at the time of the oral argument before this court, we will quote in full the order of the court from which this appeal is made:

About thirteen years ago Rene Grivel died testate in Imperial County, California, leaving at the time of his death a widow, to whom he had been recently married, and five minor children by a former marriage. His widow was named executrix of his estate. She immediately…