Estate of Bell

Bell v. Thompson

Good Law
145 Cal. 646·1905 Cal. LEXIS 602·79 P. 358
Supreme Court of CaliforniaJanuary 3, 1905S.F. No. 3653.California1,926 words

Opinion

Lead Opinion

Henshaw, J.

This is an appeal by the special administratrix from the order of court settling her final account as special administratrix and refusing to allow certain expenditures charged therein.

1. The court refused to allow certain items charged as expenditures in the matter of the collection of the claims of the Bell estate from the estate of Robinson. The circumstances briefly were these: L. L. Robinson had executed his promissory note to Thomas Bell in his lifetime for the sum of twenty-nine thousand dollars. This note Bell had deposited with the Bank of California as security for debts owing by him. The Bell estate had a separate claim against the Robinson estate for $1,287. Upon both of these claims there was accumulated interest. The Robinson note having been given to the Bank ■of California as security for the debt of Bell, it is apparent that it was to the interest o£ the estate of Bell to realize as, much as possible upon that note, since for any deficiency the estate of Bell was responsible over to the bank. The principal asset of the estate of Robinson was the Los Medaños Rancho, in Contra Costa County, which was heavily encumbered by mortgage. It was important to secure a…

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