In re the Estate of Hilliard

Chester Hilliard died testate in Amador County in April, 1879, leaving real and personal property of the value of about $2,355, which he devised and bequeathed to his two minor sons, Albert and George Hilliard. The will appointed Samuel W. Bright and Martin Dotta executors, without requiring them to give bond or security for the performance of their duties, and authorized them to sell and convey all the property of the estate and convert it into money without any order of court, and after paying the lawful debts of his estate, *424 to invest the residue of the money for the benefit of his said sons. The will also nominated and appointed the same persons—Bright and Dotta — guardians of the persons and estates of his said minor sons, without requiring any bond or security fur the performance of their duties as such.

The will was proved, and Bright and Dotta were appointed executors May 12, 1879. Within one year after their appointment the executors sold all the property and paid all the debts of the estate, but appear to have reported to the probate court no account thereof, nor of any of their transactions in regard to the estate until, in obedience to an order of that court, they…