In re Estate of Stott
California Supreme Court
Appeal from the Probate Court, City and County of San Francisco. Upon the death of William Stott, a special administrator was appointed, whose accounts were settled on the 12th day of May, 1868, and he had in his hands the sum of nine thousand six hundred and fifty-two dollars and seventy-eight cents. On the same day his letters were vacated, and J. C. Merrill became executor of the estate, and said sum was turned over to him.
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Appeal from the Probate Court, City and County of San Francisco. Upon the death of William Stott, a special administrator was appointed, whose accounts were settled on the 12th day of May, 1868, and he had in his hands the sum of nine thousand six hundred and fifty-two dollars and seventy-eight cents. On the same day his letters were vacated, and J. C. Merrill became executor of the estate, and said sum was turned over to him. May 2nd, 1869, the executor rendered a final account, in which he stated that the balance in his hands was nine thousand four hundred and sixty-three dollars and three…
1Opinion of the Court
The final account, settled May 13th, 1869, and unappealed from, was conclusive, and no testimony was admissible touching the moneys of the estate previous to said date. (Probate Act, sec. 237, Code C. P. sec. 1637; lihoad’s Appeal, 3 Wright, 186 ; Shind’s Appeal, 7 P. F. Smith, 45; Jacot v. Emmet, 11 Paige, 142; Mix, Admr. v. Heirs of Smith, 8 Vt. 365; Jennison v. Hapgood, 7 Pick. 1; Blount v. Darrach, 4 Wash. C. C. 657.)
While in certain specified cases Courts of Equity have exercised their authority to decree the jiayment of interest by executors, these cases have been almost uniformly where…
2Cases cited7 opinions
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Jacot v. EmmettNew York Court of Chancery · 1844
- Stevens v. BarringerNew York Supreme Court · 1835
- Rix v. Heirs of SmithSupreme Court of Vermont · 1836
- Lawrence v. HebbardNew York Surrogate's Court · 1850
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3Cited by26 opinions
- Michelson v. HamadaCalifornia Court of Appeal · 1994
- In re LuxCalifornia Supreme Court · 1893
- Rafferty v. KearneyCalifornia Supreme Court · 1901
- Commercial Bank of San Luis Obispo v. BurkeCalifornia Supreme Court · 1898
- Estate of CousinsCalifornia Supreme Court · 1896
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