In re the Judicial Settlement of the Accounts of Brintnall

Heaton, S.

Judicial settlement of executor’s accounts. The facts are the same as when the residuary legatees applied "under section 2722 of the Code of Civil Procedure for an order directing payment on account of their residuary shares, with the additional facts now proved that when the executor withdrew the funds from the bank on the order of Mrs. Toohey before her death, he immediately deposited substantially all of such money in the same bank in his own name, and that such money so deposited was all drawn and spent by the executor before the will of the deceased was probated.

We then have…