Legal Opinion

Barrett v. Mitchell

California Supreme Court

Decided October 8, 1898No. Sac. No. 478PublishedCited by 24 opinions

APPEAL from an order of the Superior Court of Placer County settling the final account of an administratrix. J. E. Prewett, Judge. The facts are stated in the opinion of the court,

1Opinion of the CourtHenshaw, J.

This is the appeal of Maggie G. Barrett from the order settling her final account as administratrix of the estate of Joseph Byrne, deceased.

1. The first rejected item is for $7.70. It represents the railroad fare and expenses of appellant incurred upon a trip from San Francisco to Auburn before she had applied for letters of administration, but when she was taking steps so to do. It was properly rejected. It has been decided that the compensation of an attorney to aid an applicant in securing letters, whether the application be successful or not, is no proper charge against the estate.…

2Cases cited4 opinions

  1. In the Matter of Estate of SimmonsCalifornia Supreme Court · 1872
  2. Freese v. PennieCalifornia Supreme Court · 1895
  3. In re the Estate of ByrneCalifornia Supreme Court · 1896
  4. Barrett v. Superior CourtCalifornia Supreme Court · 1896

3Cited by24 opinions

  1. Estate of EmersonCalifornia Supreme Court · 1917
  2. Estate of TryninCalifornia Supreme Court · 1989
  3. In Re the Guardianship of the Person & Estate of BundyCalifornia Court of Appeal · 1919
  4. Briggs v. BreenCalifornia Supreme Court · 1899
  5. In Re Estate of ParkerCalifornia Supreme Court · 1921

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