In re Estate of Murphy

Rolla A. Murphy died testate on March 10th, 1931, and on March 26th, 1931, Joseph H. Streb was appointed executor of his estate by this Court. On March 11th, 1932, the executor filed an application to distribute assets in kind to the legatees named in the Will. The application was approved and an order granted. The executor insists that the fee of $2.00 in effect before January 1st, 1932, should be charged for this proceeding even though the new Probate Code, Sections 10500-1 to 10512-25, inclusive, effective January 1st, 1932, provides for a charge of $3.00 for such a proceeding. His…