Barber

Barber v. Haacke

Good Law
19 Cal. Rptr. 609·1962 Cal. App. LEXIS 2762·200 Cal. App. 2d 691
Court of Appeal of CaliforniaFebruary 26, 1962Civ. No. 25455California3,212 words

Opinion

Lead Opinion

Wood, J.

Appeal from order made upon hearing of final account of former executor, Walter H. Barber.

A purported will of Edith H. Brasz, dated February 9, *693 1957, was admitted to probate on April 1, 1957, upon the petition of Walter H. Barber, who was appointed executor.

On September 19, 1957, Gilbert 0. Haacke and Charles A. Haacke filed a contest of the will. Pursuant to stipulation of the parties to the contest, the court rendered judgment revoking the order admitting the will to probate. That judgment also awarded costs in the amount of $218.87 to contestants against “respondents” therein.

On June 10, 1960, Gilbert O. Haacke filed a petition for probate of a will, dated July 7, 1956. That will was admitted to probate on July 8, 1960, and Gilbert 0. Haacke was appointed administrator with-will-annexed.

On August 31, 1960, the former executor, Walter H. Barber, filed his final account and report. The account stated that the executor was chargeable as shown in the inventory and appraisement as follows: Cause of action on a certain insurance policy for $936; refund check from the insurance company for $4.03; clothing and household articles in possession of Gilbert and Charles Haacke;…

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