Legal Opinion

Estate of Shillaber

Superior Court of California, County of San Francisco

Decided January 7, 1886No. 4,015Published

This was a contest to the settlement of the account of the special administrator. Mr. Carroll Cook, the special administrator of the estate (also the nominated executor of decedent’s will), filed his first and final account as special administrator upon the twenty-fourth day of September, 1885; and on October 5, 1885, written objections thereto were filed by Frances H. Lowndes (a sister of testatrix) in her own right as heir of testatrix, and as guardian of the person and…

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This was a contest to the settlement of the account of the special administrator. Mr. Carroll Cook, the special administrator of the estate (also the nominated executor of decedent’s will), filed his first and final account as special administrator upon the twenty-fourth day of September, 1885; and on October 5, 1885, written objections thereto were filed by Frances H. Lowndes (a sister of testatrix) in her own right as heir of testatrix, and as guardian of the person and estate of Theodora Lowndes, a minor, interested in the estate. The objections were exhaustive, but only those are here…

1Opinion of the CourtCoffey, J.

It is the duty of the special administrator to collect and preserve for the executor or administrator all the goods, chattels, debts and effects of the decedent, all incomes, rents, issues and profits, claims and demands of the estate; he must take the charge and management of, enter upon and preserve from damage, waste and injury the real estate, and for any such and all necessary purposes may commence and maintain or defend suits and other legal proceedings as an administrator: Code Civ. Proc., sec. 1415.

The account here under examination runs from and including February 26, 1885, to and…

2Cases cited15 opinions

  1. In re RoseCalifornia Supreme Court · 1889
  2. Estate of Moore v. MooreCalifornia Supreme Court · 1887
  3. In re Estate of LevinsonCalifornia Supreme Court · 1895
  4. People v. JamesCalifornia Supreme Court · 1895
  5. In re the Estate of OrtizCalifornia Supreme Court · 1890

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