Kelly v. Conroy

Plaintiff appeals from an adverse judgment in an action to recover moneys had and received.

The following facts are not disputed: Pursuant to an order made by the superior court in and for the city and county of San Francisco plaintiff and defendant were appointed executors of the last will and testament of Dennis Kelly, deceased, and during the administration of the estate they applied for and on October 4, 1921, were granted a partial allowance of commissions in the sum of $500, which was divided equally between them. On February 8, 1923, a decree settling the final account and granting…