Estate of JOHN ANDREW PARDUE, Deceased. NAOMI TOWNER, individually and as Administratrix, etc., Appellant, v. PANSY PHILLIPS HEITMAN et al., Respondents
57 Cal. App. 2d 918 ·
California Court of Appeal · Filed
Published · citable
Cited by 1
Holding
The court held that a probate court possesses jurisdiction to consider written objections to an administratrix's accounting, notwithstanding the Probate Code's reference to "exceptions," as the terms are synonymous in this context. Furthermore, an administratrix who occupies estate property in her fiduciary capacity, rather than in her individual capacity as a devisee, is properly chargeable with its reasonable rental value if she fails to attempt to rent or sell it for the benefit of the estate. Finally, an administratrix may not unilaterally claim a credit for attorney's fees paid from estate funds without first obtaining a court order authorizing such payment on account.