Vance

Eliza M. Vance died intestate' in Fresno county October 31, 1894, leaving S. L. Vance, her husband, surviving her. On February 9, 1895, said surviving husband was appointed administrator of her estate, and during the course of administration, before any accounting had been had, he diedi *220 His daughter by a former marriage, the plaintiff in the action, was thereupon duly appointed the administratrix of his estate, and has brought this suit against the defendant, Bertha A. Smith, the daughter of his deceased wife, Eliza M. Vance, by a former marriage, who has been duly appointed administratrix of her said mother’s estate, for the purpose of having a court of equity settle the account of S. L. Vance, while acting as such administrator prior to his death.

In settling the accounts the court found that said S. L. Vance, deceased, in his lifetime, as administrator of the estate of Eliza M. Vance, deceased, had in his hands as such administrator, and belonging to said estate, a balance due of money on hand, $1,093; personal property—watch and chain, $10; trinkets, $1.50, making $11.50; in all, $1,104.50; and thereupon judgment was rendered, “that the defendant Bertha A. Smith, as…