Hope v. Jones
California Supreme Court
Appeal from the District Court, Second Judicial District, Santa Barbara County. On the 12th day of December, 1860, one H. C. Peters died, leaving an estate, mostly in Santa Barbara County, of which, at the time of his death, he was a resident, and also leaving a will, in which the plaintiff and the defendant were named as joint executors.
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Appeal from the District Court, Second Judicial District, Santa Barbara County. On the 12th day of December, 1860, one H. C. Peters died, leaving an estate, mostly in Santa Barbara County, of which, at the time of his death, he was a resident, and also leaving a will, in which the plaintiff and the defendant were named as joint executors. On the 6th day of February, 1861, the will was admitted to probate in the Probate Court of Santa Barbara County, and the executors qualified soon after, and entered upon the discharge of the duties of their trust. On the 2d day of January, 1862, the…
1Opinion of the Court
By the Court, Sanderson, C. J.
The partnership relation does not exist between co-executors, and they have .no joint interest in the commissions allowed by law for their services in administering upon the estate. They are not each entitled to an equal share merely upon the naked ground of their relation to each other. The share to which they are respectively entitled is to be determined on entirely different considerations. In other words, their respective portions are not ascertained by any established rule of law, but upon the principles of equity. The *93ratio of compensation and of service…
2Cited by11 opinions
- Sprague v. WaltonCalifornia Supreme Court · 1904
- Gurnee v. MaloneyCalifornia Supreme Court · 1869
- Dobbins v. Title Guarantee & Tr. Co.California Supreme Court · 1943
- In Re the Estate of CarterCalifornia Supreme Court · 1901
- Eastwood v. StewartCalifornia Court of Appeal · 1923
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