Carver

Carver v. Carmichael

Good Law
123 Cal. 102·1898 Cal. LEXIS 992·55 P. 770
Supreme Court of CaliforniaDecember 20, 1898Sac. No. 365California1,746 words

Opinion

Lead Opinion

Haynes, J.

The administratrix appeals from an order settling her final account, in which the court denied her right to any commissions, and charged her with the sum of $535.72, as cash on hand, “said sum being the amount found due said estate from Ann A. Carver in the settlement of the action of McHenry v. Carver et al.” No other items are involved in this appeal.

1. Is appellant entitled to commissions in the sum charged, or in any sum? The value of the property, as shown by the inventory and appraisement, was $33,248.03, and the commissions charged were based upon that sum, computed at the statutory rate, and amount to $1,317.44.

The findings of the court are those recited in the preliminary part of the order or decree, and, so far as they affect appellant’s right to commissions, are, in substance, that the administratrix failed and neglected for an unreasonable length of time to render a proper or legal account, that she neglected for an unreasonable time to pay debts and claims while she had sufficient money in her hands to pay them, “and has been negligent in other particulars without sufficient cause or excuse, and that she is not entitled to any commissions as claimed in her final…

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