In re Estate of Davis
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
The surviving wife of the intestate was entitled, under the law, to administration of the estate (§ 1365, Code Civ. Proc.); but upon a promise made to her by her eldest son that he would not charge for his services in administering it, she relinquished her right in his favor, and, upon filing her written consent to his appointment, he was appointed administrator. Having duly qualified, he administered; but in his final account he charged $2,454.98, commissions for his services, which the court refused to allow; and it is contended that the refusal was error, because the law allows him his…
2Cases cited1 opinion
- Bartholomew v. JacksonNew York Supreme Court · 1822
3Cited by17 opinions
- Estate of DowningCalifornia Court of Appeal · 1982
- Polk v. JohnsonIndiana Supreme Court · 1903
- Neal v. HinesCourt of Appeals of Kentucky · 1918
- Estate of GriffithCalifornia Court of Appeal · 1950
- Breidert v. CommissionerUnited States Tax Court · 1968
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