Funk v. Superior Court

HAYS, Justice.

The petitioner, Arthur L. Funk, is the executor of the estate of Benjamin A. Funk, deceased, and has been since his appointment January 15, 1946. The first account and report of petitioner was settled and approved on December 27, 1946, and the second account and report on December 2, 1955.

On May 15, 1965 the respondent, Charles John Funk, filed a petition in Probate to remove the executor for the alleged embezzlement of funds of the estate. Thereafter, on June 28, 1968, the respondent filed a petition to surcharge the executor for said assets, and on July 25, 1968, he filed a…