In re Estate of Clos

Among the items of the account filed by the executrix of the estate were these:

Upon the settlement of the account the court below rejected and disallowed these items, upon the ground, as stated in the bill of exceptions, “ that the said items were not a proper charge of the said executrix against the said estate”; and the only question involved in the appeal, which is taken by the executrix, is the propriety of the action of the court in that regard.

The evidence in support of the rejected items was wholly u'ncontroverted, and was, in substance, this:

The executrix testified: The estate is the owner of an undivided one-half of certain premises situate at Nos. 24 and 26 Aliso street. I am the owner of the other undivided one-half in my own right. At the time of the death of Pierre Clos, and long prior thereto, on a part of the premises, to wit, the yard immediately back of the front of the said building, which front part is used as a lodging-house and saloon and restaurant, there were some structures used as stables, which had been built a great many years before the death of Pierre Clos, my husband, and the structures were old and decayed, and had been repaired from time to…