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PROBATE LAW AND PRACTICE
ANNOTATIONS AND FORMS
FOR USE IN
ALASKA, ARIZONA, CALIFORNIA, COLORADO, IDAHO, KANSAS,
WASHINGTON, AND WYOMING
W. S. CHURCH
OF THE SAN FRANCISCO BAR
AUTHOR OF CHURCH ON HABEAS CORPUS, ANNOTATED SAN FRANCISCO
IN TWO VOLUMES
LIABILITIES AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS. ATTORNEYS' FEES. ACCOUNTING AND SETTLEMENTS.
PAYMENT OF DEBTS.
LIABILITIES AND COMPENSATION OF EXECUTORS AND
ADMINISTRATORS. ATTORNEYS' FEES.
§ 647. Personal liability of representative.
LIABILITIES AND COMPENSATION OF EXECUTORS AND ADMINIS
TRATORS. ATTORNEYS' FEES.
I. Liability of Executors and Administrators. 1. In general.
(10) Failure to collect. 2. Instances of liability.
(11) Losses through neglect. (1) For entire estate.
(12) Personal injuries. Conduct (2) Liability in general.
of decedent's business. (3) In what capacity.
(13) Liability for taxes. (4) Liability for costs.
3. Instances of non-liability. (5) Contracts.
4. When chargeable with interest. (6) Mingling trust funds.
(1) In general. (7) Rents, issues, and profits.
(2) Simple interest. (8) Bad loans.
(3) Compound interest. (9) Failure of bank.
5. Not to profit or lose by estate.
II. Compensation of executors and administrators. 1. Provision for, in will.
4. Validity of agreements as to. 2. Statutory allowance.
5. Not allowable until final settlement. 3. Basis. Computation,
6. Renunciation. Waiver.
7. What should be allowed. 8. What should not be allowed. 9. Further allowance. Extra services. 10. Co-executors.
11. Successive administrators.
III. Attorneys' Fees. 1. In general.
9. What cannot be allowed. 2. Province of court.
10. Reasonableness of fee. 3. Statutory provisions.
11. Co-executors and special adminis. 4. Estate not chargeable.
trators. 5. Necessity of notice.
12. Recovery of fee. 6. What is no waiver of fee.
13. Recovery of more than amount al. 7. Personal liability for.
lowed. 8. What may properly be allowed. 14. Appeal.
$ 647. Personal liability of representative. No executor or administrator is chargeable upon any special promise to answer in damages or to pay the debts of the testator or intestate out of his own estate, unless the agreement for that purpose, or some memorandum or note thereof, is in writing or signed by such executor or administrator, or by some other person by him thereunto specially authorized in writing. Kerr's Cyc. Code Civ. Proc. (Kerr's Stats. and Amdts., p. 502), $ 1612.
ANALOGOUS AND IDENTICAL STATUTES.
No identical statute found.
$ 648. Executor to be charged with all estate, etc. Every executor and administrator is chargeable in his account with the whole of the estate of the decedent which may come into his possession, at the value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit, and income of the estate. Kerr's Cyc. Code Civ. Proc., $ 1613.