Слике страница
PDF
ePub

NEW

PROBATE LAW AND PRACTICE

WITH

ANNOTATIONS AND FORMS

FOR USE IN

ALASKA, ARIZONA, CALIFORNIA, COLORADO, IDAHO, KANSAS,
MONTANA, NEVADA, NEW MEXICO, NORTH DAKOTA,
OKLAHOMA, OREGON, SOUTH DAKOTA, UTAH,

WASHINGTON, AND WYOMING

BY

W. S. CHURCH

OF THE SAN FRANCISCO BAR

AUTHOR OF CHURCH ON HABEAS CORPUS, ANNOTATED SAN FRANCISCO

CHARTER, ETC.

IN TWO VOLUMES

VOLUME TWO

SAN FRANCISCO
BENDER-MOSS COMPANY
LAW PUBLISHERS AND BOOKSELLERS

COPYRIGHT, 1909
BY BENDER-Moss COMPANY

95735

PART XI.

LIABILITIES AND COMPENSATION OF EXECUTORS AND ADMINISTRATORS. ATTORNEYS' FEES. ACCOUNTING AND SETTLEMENTS.

PAYMENT OF DEBTS.

CHAPTER I.

LIABILITIES AND COMPENSATION OF EXECUTORS AND

ADMINISTRATORS. ATTORNEYS' FEES.

§ 647. Personal liability of representative.
8 648. Executor to be charged with all estate, etc.
$ 649. Not to profit or lose by estate.
8 650. Debts uncollected without fault.
$ 651. Compensation of representative and attorney. Appeal.
$ 652. Not to purchase claims against estate.
8 653. Commissions to representative. Extraordinary services.
8 654. For». Executor's renunciation of compensation.
$ 655. Allowance of fees for attorneys. Extraordinary services.

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.
12. Trustees.
13. Special administrators.
14. Appeal.

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.
Arizona. Rev. Stats. 1901, par. 1847.
Colorado. 3 Mills's Ann. Stats., sec. 4815b.
Idaho. Code Civ. Proc. 1901, sec. 4235.
Montana. Code Civ. Proc., sec. 2770.
Nevada. Comp. Laws, sec. 2963.
North Dakota. Rev. Codes 1905, $ 8177.
Oklahoma. Rev. Stats. 1903, sec. 1713.
South Dakota. Probate Code 1904, § 265.
Washington. Pierce's Code, $ 2630.
Wyoming. Rev. Stats. 1899, sec. 4706.

$ 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.

« ПретходнаНастави »