In the Matter of the Estate of WILL WALLACE BENNETT, Deceased. ALFRED SIEMON, as Executor, etc., Appellant, v. MORTGAGE INVESTMENT COMPANY OF LOS ANGELES (a Corporation), Respondent

Holding

The court held that a probate court, in its final decree of distribution, must credit an executor for advancements made to legatees prior to final distribution, provided the estate is solvent, all debts and expenses of administration have been paid, and no rights of third parties have intervened, even if such payments were made without prior court authorization as required by Probate Code section 1010.