Bobcock

Bobcock v. Watson

Good Law
1969 Cal. App. LEXIS 2333·272 Cal. App. 2d 768·77 Cal. Rptr. 753
Court of Appeal of CaliforniaMay 12, 1969Civ. No. 33425California5,984 words

Opinion

Lead Opinion

Reppy, J.

This is an appeal by Patricia (Chalgren) Babcock (hereinafter, Patricia), daughter of the deceased, George Edward Barnhart (hereinafter, decedent), and proposed distributee of his estate, from an order 1 settling the *771 third and final account 2 after the overruling of exceptions to the account and petition for distribution, which had been filed by Patricia. The respondents named in the appeal are the other proposed distributees except Joan Pengra (hereinafter, Joan), the other daughter of the deceased.

The exceptions to the final account filed in the probate court appear in an original and in a supplemental document. They are as follows:

In the written documents which were filed by Patricia with the probate court there is no specific exception to 46.70 percent of the unpaid administration expenses 5 being charged against her. Said unpaid expenses are $35,012.44 and 46.70 percent thereof is $16,350.81. However, in her brief, Patricia asserts that this charge is not proper, citing section 752 of the Probate Code; and she urges that this point be considered on appeal. Respondents, in their brief contend that it should not be considered because it was not included within the…

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