Estate of Pardue

57 Cal.App.2d 918 (1943) Estate of JOHN ANDREW PARDUE, Deceased. NAOMI TOWNER, individually and as Administratrix, etc., Appellant,

v.

PANSY PHILLIPS HEITMAN et al., Respondents.

Civ. No. 13954. California Court of Appeals. Second Dist., Div. Two.

Mar. 31, 1943. L. E. Dadmun for Appellant.

Earl D. Killion in pro. per., and Marshall Stimson and Noel Edwards for Respondents.

McCOMB, J.

This is an appeal from portions of orders approving the account of the special administratrix of the last will of John Andrew Pardue, deceased, and of an account of the administratrix of his estate, wherein:

(1) The account of the administratrix is charged

(a) $800 as the reasonable rental value for the use of a parcel of property of the estate for a period from February 1, 1937 to September 30, 1938, and

(b) $1,600.40 as the reasonable rental value for the use of the same parcel of property for the period from October 1, 1938 to February 28, 1942;

(2) The administratrix is not allowed a credit for the sum of $290.50 paid to her attorney on account of fees in connection with the administration of the estate.

These are the essential facts;

On November 8, 1936, John Andrew Pardue died testate. Part of the property of his estate consisted of a parcel of land upon which was located a dwelling house. This the administratrix, appellant, occupied from February 1, 1937 to and including February 28, 1942. During this period the administratrix with her own personal funds paid for necessary repairs and the general upkeep of the building.

March 11, 1942, the amended account of Naomi Towner, the special administratrix, and her first amended account as administratrix with the will annexed, together with written "objections," filed by certain devisees of the decedent, were heard before the superior court sitting in probate. After receiving evidence on the accounts and in support of the objections, the court approved the accounts with certain exceptions among which were these:

(1) It charged the administratrix

(a) $800 as the reasonable rental value for the use of a parcel of property of the estate for a period from February 1, 1937 to September 30, 1938, and