In re the Estate of Knight
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. The facts, as disclosed by the opinion of the Court, are as follows : The appeal is taken by the administrator from a decree of the Probate Court, disallowing a claim of $2,000 and more. This claim originated under these circumstances : The intestate bought one-fifth of a tract of land called the Suscol Ranch.
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Appeal from the Probate Court of the City and County of San Francisco. The facts, as disclosed by the opinion of the Court, are as follows : The appeal is taken by the administrator from a decree of the Probate Court, disallowing a claim of $2,000 and more. This claim originated under these circumstances : The intestate bought one-fifth of a tract of land called the Suscol Ranch. The ranch was incumbered in the hands of the vendees (from one of whom Knight purchased) for some $25,000 of purchase money due by mortgage. Patterson, the administrator, to prevent the foreclosure of the mortgage,…
1Opinion of the CourtBaldwin, J.
This is unquestionably a hard ■ case on the administrator, for he seems to have acted in good faith. But we cannot relax or set aside the rules of law to suit the exigencies of particular cases, or relieve individual instances of hardship.
The statutes of this State do not allow an administrator to pay even the debts’due by an intestate except in a particular way. Certainly they do not allow him to pay money not due by an intestate, upon an idea that the payment might be beneficial to the estate. He is to take care of, manage and preserve the estate committed to him; but this does not mean…
2Cited by8 opinions
- In re RoseCalifornia Supreme Court · 1889
- Estate of Moore v. MooreCalifornia Supreme Court · 1887
- Brenham v. StoryCalifornia Supreme Court · 1870
- In Re the Estate of BurkeCalifornia Supreme Court · 1926
- Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
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