Estate of Casner

Hatfield v. Casner

Good Law
1 Cal. App. 145·81 P. 991
Court of Appeal of CaliforniaJune 7, 1905No. 1.California839 words

Opinion

Lead Opinion

Gray, J.

This is an appeal from orders and judgments of the superior court settling the executor’s account and directing distribution in the above-entitled estate.

It is objected, first, that the account does not show whence or how certain items with which the executor charges himself were obtained. As we understand it, about the only material objection to an item charged against the executor in his account that can be made by a person interested in the estate is that the item is not large enough. No objection of this character seems to be urged, and the other objection, as to uncertainty regarding the source of these items, is met by the evidence taken upon the hearing of the account and the findings of the court. The evidence and findings, taken together, satisfactorily explain the source of all those items with which the executor charges himself.

The amounts paid to Jane Casner, or appropriated by her, as stated in the account, were properly accounted for, and no vouchers for the sums received by her were necessary. Jane Casner was the surviving wife of the deceased, and was co-executrix with her son of decedent’s will. She was also a beneficiary under the will, and by the terms…

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