Estate of Langdon

Good Law
4 Coffey 357
Superior Court of California, County of San FranciscoApril 20, 1899No. 12,346California16,508 words

Opinion

lead Opinion

Coffey, J.

The final account' of the executors herein and the petition for final distribution of the estate were submitted together. Ellen Ivers, Robert F. Mullins and James Mullins filed exceptions to the final account, and an answer to the petition for distribution. On the hearing, the executors presented a supplemental account of their transactions since the date of the final account. No éxceptions were taken to the supplemental account.

The only exception to the account relied on at the hearing was as to an alleged indebtedness of the ten thousand dollars from. Margaret Irvine to the deceased. The evidence as to this alleged indebtedness is conflicting; but it is not necessary to make any finding on the subject. The estate is not in debt' and is ready for final distribution, and the indebtedness, if it existed, could be distributed with the residue of the estate, and therefore would constitute no ground for refusing to settle the account. Moreover, as hereinafter stated, the parties excepting have no interest in the estate, and their exceptions cannot be considered by the court.

The answer to the petition for distribution does not deny any of the facts alleged in the petition; but…

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