Estate of Parker

Anniss A. Hoyt, executrix of the estate of . Ida B. Parker, deceased, petitioned the court below for an allowance from the funds of said estate in the sum of $159.73, which she claimed was due her in addition to $318.92, the regular commission allowed by statute for services during the administration of the estate. (Code Civ. Proc., sec. 1618.) One hundred dollars of this sum the executrix requested as compensation for extraordinary services alleged to have been performed by her for the benefit of said estate; the balance of $59.73 was claimed as reimbursement for extraordinary expenditures made for and upon behalf of said estate by said executrix. Upon a hearing of the petition, the court below. ordered that the same be disallowed save and except to the extent of the s.um of $25, which sum was allowed solely for “extraordinary services.” The executrix appeals from this order and the appeal is grounded in the contention that the order is contrary to the uncontradicted evidence adduced upon the hearing of the petition.

This contention must be sustained in part. It is an admitted fact in the case that the preservation and care of the property of the estate and the disposal of the…