Queirolo

Appeals from an order surcharging an account and allowing an attorney’s fee.

James E. Reade died intestate in 1945, leaving as heirs four daughters, two sons and two children of a deceased daughter. Olive Helen Ruhland, a daughter, was appointed administratrix of his estate. Thereafter she collected a death benefit of $2,654 from the Widows’ and Orphans’ Aid Association of the San Francisco Police Department but did not list this sum as an asset of the estate either in the inventory or in her first and final account. Her sister Mrs. .Queirolo filed objections to the first and final account, asserting that the insurance fund was an asset of the estate (see Prob. Code, § 927). Following a hearing oU the objections the court found that this sum had been paid to and received by Mrs. Ruhland as representative of the estate and that her individual claim thereto was without right. The court surcharged her account with the sum of $2,654 and ordered that it be included for distribution. The court also found that $500 was a reasonable fee to be awarded Mrs. Queirolo’s attorney for prosecuting the contest on behalf of the estate, the heirs and distributees, and ordered the administratrix to…