Cohn v. Anglo-California National Bank

MARKS, J.

Irving Cohn died during the pendency of this appeal. The Anglo-California National Bank of San Francisco, as special administrator, has been substituted for him as appellant in his representative capacity. The Bank of America National Trust and Savings Association, as executor, has been substituted for him as appellant in his individual capacity.

[551]

This is an appeal from an order of the probate court directing partial distribution of property of the estate of Charles Cohn, deceased, having an appraised value of approximately $130,000. The portion of the order pertinent to this appeal is as follows :

“It is now ordered, adjudged and decreed that the following described property be and the same is hereby distributed to Bertha Cohn:

“(a) Personal property: 20,088 shares of stock of the Jewett Oil Company.

“3,668 shares of stock of the Monarch Oil Company.

“Cash: $4,513.55.

“(b) Real Estate (here follows five pages of property description).

“It is further ordered, adjudged and decreed that out of the real estate hereinabove set forth as distributed, there shall be deducted and retained in the estate, until such time as the inheritance taxes due to the State of California from the said estate shall have been paid, $40,000.00 in value of real estate as determined by the referees in partition heretofore had, and as now distributed, ...”

The only question presented here is the propriety of decreeing a partial distribution before the inheritance tax is paid, or sufficient money is in the hands of the executor or administrator with which to pay it before he delivers the property under the decree of partial distribution.

Counsel for both parties have become acrimonious over the question of delay in closing the estate. While this matter may be of great importance, it cannot interest us here or affect our decision on this appeal. The remedy for undue delay, if any, lies, in the first instance, in the probate court.