Estate of Stow

Good Law
1 Myrick 97
Superior Court of California, County of San FranciscoNovember 15, 1875No. 5974California469 words

Opinion

lead Opinion

*98 This is an application for revocation of the letters, for alleged maladministration and failing to file accounts at the time required by law.

I find no grounds for removing the executors. It is true they did not make a final report at the time required by law, but when called upon by applicant they reported to her the condition of the estate as far as they could. Debts are uncollected, which were appraised as valueless; and it does not now appear that they could have been collected. The executors had the fag-ends of disastrous business adventures from which to weave together affairs in order to pay the creditors and save something for the heirs; but the estate is largely insolvent. One point was made, that a note had been endorsed by a corporation, and that the executors should have pursued that corporation—an insolvent —and because they did not do so they should be removed. There is no proof that the corporation was organized to indorse notes. Deceased left shares of stock in incorporated companies, which have been assessed, and have been sold to pay the assessments, no excess being realized.

By the neglect of the executors to pay the assessments they were not guilty of…

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