In re Estate of Moore

Appeal from an order denying a motion for a new trial upon a contest over the final account of an executor.

The testator died in 1868, leaving a widow and one child,—a son about ten months old. The will was admitted to probate May 11,1868, and the appellant was appointed executor, and at once qualified and entered upon his duties as such. He returned an inventory of the estate July 7,1868, which showed personal property of the value of $15,176, and two lots in Sacramento appraised at *36 $1,461. The personal property consisted of solvent debts and a stock of goods. The latter were sold for nearly one thousand dollars above the appraised value, after paying the expenses of sale, and the sale was approved April 27, 1870.

Notice to creditors was duly published May 11, 1868. No claims against the estate were presented.

The executor rendered no account of his administration until December, 1879, and then rendered no formal account, as required by the statute, but only a statement of certain moneys received from his agent :in charge of the property, or some of it, and disbursements made by him.

In August, 1884, he filed a second account, which purports only to be a statement of…