Dann

Dann v. Runyon

Good Law
125 Cal. 195·1899 Cal. LEXIS 825·57 P. 783
Supreme Court of CaliforniaJune 21, 1899Sac. No. 655California1,093 words

Opinion

Lead Opinion

Harrison, J.

Appeal from an order settling the annual account of the executors, and striking therefrom an item of $1,226.86 for extraordinary services claimed to have been rendered by one of the executors.

The appellants are the executors of the last will and testament of the deceased, and in his will appointing them he made the following provision in reference to their compensation: “In lieu of the commissions allowed by law for executors, which I deem insufficient, I do hereby provide that my said executors shall be entitled to receive the sum of five thousand ($5,000) dollars each as and for full compensation for their services respectively as such executors, in addition to their actual expenses.” Neither of the executors filed a renunciation of his claim for compensation provided by the will.

The personal estate of the testator was valued in the inventory returned by them at the sum of $245,405, and the real estate at $99,500; and in the account presented by them for settlement it appears that the estate of the decedent accounted *196 for by them amounts to $422,244. The real estate consisted of four farms, not adjoining each other, and aggregating about 1,650 acres, the most distant…

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