Estate of Holmes

ALLOWANCE TO ADMINISTRATOR FOR INTEREST ON DISBURSEMENTS.

The question as to whether the superior court in probate has power to allow interest to an administrator on disbursements made by him as expenses of administration (including the administrator's commissions and counsel fees allowed by law) when it is shown conclusively that the estate consists entirely of an undivided interest in unproductive real property, and that a probate sale of same would be most disadvantageous and to the detriment and injury of the estate, and would cause pecuniary loss, arose in the Matter of the Estates of Drouaillet and Thomas, Nos. 3146 and 3147, new series, respectively, department nine, Coffey, J.

The precise question above involved seems never to have been presented to the supreme court of this state, but the question of charging an administrator or executor with interest for different reasons on sums collected or paid out by him, which is practically the converse of the question- herein involved, has been frequently passed on by that court, which has held in a line of cases, commencing with In re Moore, 96 Cal. 522 , 31 Pac. 584 :

This decision then goes on to cite several New York eases,…