In re Estate of Spanier

Good Law
120 Cal. 698·1898 Cal. LEXIS 838·53 P. 357
Supreme Court of CaliforniaMay 27, 1898S. F. No. 1085California1,269 words

Opinion

Lead Opinion

McFarland, J.

This is an appeal by A. C. Freese, former administrator of the estate of Joseph Spanier, deceased, from an order of the superior court entered September 31, 1896, settling his final account as such administrator.. The transcript consists of fragments taken from the gener'al history of the administration of said estate, and does not very clearly show the facts upon which the litigation has arisen.

The appeal involves merely one item of $150, claimed to have been paid by appellant to one Charles Frank, which item the court refused to allow as a credit. The only objection made in the court below to the refusal to allow this item was, “because the same was paid by said Freese by order and direction of the said court dated April 6, 1896.”

The facts about this item of $150, as they may be dimly seen in the transcript, appear to be as follows: Charles Frank, some time in 1890, presented a claim against the estate for $505.50, for “money loaned by claimant to decedent.” The transcript contains an order of court made September 33, 1891, which, after reciting that something that is there called “the matter of the opposition to the claims” of said Frank, and of certain other claimants, had…

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