In re the Estate of McKinney

Joseph McKinney died in San Joaquin county, leaving an estate therein of the value of about forty thousand dollars, and also leaving an alleged last will, in which Douglass Luce and Joseph Brichetto were named as executors. The will was presented for probate, and was contested by a woman who claimed to be the widow of the decedent. The case was tried, and the decision and judgment were against the contestant. The will was then admitted to probate, and the persons named as executors were appointed as such, and entered upon the discharge of their duties. Shortly thereafter another contest was instituted by a brother and other heirs of the decedent upon the ground, among others, that the execution of the will was procured by the undue influence of the said Douglass Luce. The trial upon the issues raised in this contest resulted in an order revoking the probate of the will and setting the same aside. Thereupon a special administrator of the estate was appointed, and the discharged executors were required to render a full account of their receipts and disbursements for and on account of the said estate.

*450 An account was accordingly rendered showing receipts by the executors of sums…