Legal Opinion

Estate of McLaughlin

Superior Court of California, County of San Francisco

Decided November 24, 1885No. 3061Published

In this case the inventory and appraisement was, according to the custom of the court in probate, handed by the clerk, upon filing, to the judge, and the latter noticing that the appraisers’ return showed a service of eighty-one days, whereas the bill was $4,500,—that is, $1,500 for each appraiser,—ordered that a reference be had to examine into the services performed by the appraisers, and the amount claimed by them as compensation, and appointed Timothy J. Lyons as…

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In this case the inventory and appraisement was, according to the custom of the court in probate, handed by the clerk, upon filing, to the judge, and the latter noticing that the appraisers’ return showed a service of eighty-one days, whereas the bill was $4,500,—that is, $1,500 for each appraiser,—ordered that a reference be had to examine into the services performed by the appraisers, and the amount claimed by them as compensation, and appointed Timothy J. Lyons as referee. The referee fixed a time and place for proceeding with the reference and gave notice to the appraisers and all parties…

1Opinion of the Court

The REFEREE.—•

THE STATUTE AS TO APPRAISEMENTS, ETC.

The law governing .... all questions involving the making and return of inventories and appraisements of the estates of decedents, and the appointment, duties and compensation of appraisers in connection therewith, is found in sections 1443 to 1451, inclusive; 1469, and 1475 to 1478, inclusive, of the Code of Civil Procedure of this state. But the particular section which is decisive of the questions in *110this reference is section 1444, Code of Civil Procedure, perhaps the most important of all the sections relating to appraisers and…

2Cases cited2 opinions

  1. Hawford v. AdlerSupreme Court of Louisiana · 1857
  2. Succession of CaballeroSupreme Court of Louisiana · 1873

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