Estate of Turner

California Court of Appeal Mar 5, 1942 No. Civ. No. 13436Published

Before: York

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Holding. The court held that the probate court did not abuse its discretion in disallowing the executor's claims for extraordinary fees and traveling expenses incurred during ancillary administration in other states, as such expenses should be charged to the foreign estate rather than the domiciliary estate.

Issues

Whether the probate court abused its discretion in disallowing extraordinary fees and traveling expenses for an executor's ancillary administration activities.
Whether traveling expenses incurred for ancillary administration in foreign states are chargeable to the California domiciliary estate.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The question of whether an executor or his attorney is entitled to extraordinary compensation for services is a question "committed to the sound discretion of the probate court and its conclusion will not be set aside in the absence of a showing”

“Traveling expenses which pertain solely to the administration of the estate in a foreign country should be paid from the part of the estate located there.”

“The expenses pertaining to the foreign estate should be paid from that part of the estate and not from the estate in California, although the domiciliary administration is here.”

50 Cal.App.2d 332 (1942) Estate of GEORGIANNA TURNER, Deceased. ASA E. DIXON, as Executor, etc., Appellant,

HARRIET TURNER MOUNTS et al., Respondents.

Civ. No. 13436. California Court of Appeals. Second Dist., Div. One.

Mar. 5, 1942. E. R. Simon for Appellant.

W. Blair Gibbens for Respondents.

YORK, P. J.

Testatrix died in Los Angeles County on July 21, 1937, leaving a will naming appellant as executor and bequeathing her entire estate to respondents, her daughters and only heirs at law. Letters testamentary duly issued to appellant on August 19, 1937, and he retained E. R. Simon as his attorney to conduct the probate proceedings in California.

In addition to real property appraised at $2,000 and a postal savings certificate valued at $25, which comprised the California estate, testatrix died seized of 1600 acres of farm land located near North Platte, Nebraska, having an appraised value of $5,000, which was leased for farming purposes under a share crop contract; and also 160 acres of farm land situated near the city of Mankato, Kansas, appraised at $1,400, occupied by a tenant but from which no income was being derived by testatrix at the time of her death. [334]

Appellant's attorney advised him that ancillary probate proceedings were necessary in Nebraska, and that appellant could be appointed ancillary administrator if he went to Nebraska and petitioned for appointment as such. Also, that the Kansas property could be transferred directly to the respondents without further proceedings upon the filing of the will in that state.

Appellant thereupon conferred with respondents with respect to such ancillary proceedings, respondents testifying at the trial that appellant told them it was necessary for him to make a trip to the said states to handle the property there as administrator and that "it all tied in with the settling of our estate here"; appellant, on the other hand, testified he told respondents, "If I was to be appointed the administrator there it was necessary for me to go there."

Estate of Turner

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YORK, P. J.

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