In re Estate of Noah

Most of the questions involved in this case were considered and passed upon in the case of the same title reported in 73 Cal. 583 . It is now further shown that one of the executors of Joel Noah’s will, William M. Morris, died on the 1st of October, 1887; that the two surviving executors proceeded to settle up the estate; that on the 29th of November, 1887, they presented and filed their final account, with a petition *469 praying that the account be settled and the estate in their hands be distributed; that on the 12th of December following, after due and regular notice, the matter came on to be heard, and no objection being made thereto, a decree in due form of law was made and entered, settling and allowing the accounts of the executors, and distributing all of the estate remaining in their hands, and that afterwards, on the fourteenth day of May, 1888, a decree in proper form was made and entered, discharging the executors from all liability to be incurred thereafter by them.

The appellant, as widow of Joel Noah, deceased, commenced this proceeding by filing in the superior court, on the 12th of June, 1888, her petition, praying that the decree settling the final account of…