Cole v. Riley

ROTH, J., pro tem.

This appeal involves the construction of section 609 of the Probate Code prior to its amendment in 1933. It then read as follows: “Compensation of appraisers. Each appraiser is entitled to receive, from each estate he appraises, his actual and necessary expenses and compensation for his services not to exceed five dollars per day, to be allowed by the court; and he must file with the inventory, a verified account of his services and disbursements.”

The respondents Merrick and Riley claim that they devoted 118 and 116 days, respectively, to the work of appraising the estate…