Cronan

Cronan v. Cummings

Good Law
11 Cal. Rptr. 465·189 Cal. App. 2d 801·1961 Cal. App. LEXIS 2252
Court of Appeal of CaliforniaMarch 9, 1961Civ. No. 24826California1,085 words

Opinion

Lead Opinion

Bishop, J.

This is an appeal by “objectors” Muriel Cronan and Frances Seger, from an order overruling their objections to and settling the first account current of the executrix. No record of the evidence or of the oral proceedings taken at the time of the hearing is brought to us, and without it we would hesitate to reverse the order. As we are persuaded that the order should be affirmed, even with the facts as appellants contend that they are, we are not questioning appellants’ recitals.

We find that a will was admitted to probate, fashioned by the inexpert hands of the decedent whose name gives the title to this case. In the will, as we read his handwriting, are these, among other, provisions:

In the order of January 28, 1957, admitting the will to probate, appears a recital that the will was filed with the court on the 7th of that month. We are assuming that the testator’s death did not occur after that date. The executrix, widow of the decedent, filed her first account current and report, December 7, 1959. In it she reported, among many other items, that she had received rents totalling $358.26 before January 7, 1957, and over $6,000 after that date. Her account reports no…

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