Estate of Stuhldreher

STURTEVANT, J.

On August 26, 1920, Harland B. Lemon was employed by Jack Stuhldreher in his vulcanizing shop at Santa Maria, California. A gasoline explosion occurred which set fire to the shop and burned the employee and his employer. The employee died of his injuries on the same day. The employer died the next day. Such proceedings were had that Esther M. Stuhldreher, the wife of the employer, was duly appointed administratrix of his estate. Blanche E. Lemon, the surviving wife of the employee, took such proceedings that the Industrial Accident Commission thereafter made its findings and award in favor of the surviving wife and Harland B. Lemon, her minor child, in the sum of $4,495.50. A certified copy of said award was filed with the county clerk of Santa Barbara County and a judgment was entered thereon. On proceedings duly had and taken the Industrial Accident Commission converted said award into a lump sum, $4,058.34, payable forthwith. A certified copy of its order was filed with the county clerk and a judgment in accordance therewith was duly entered. Such proceedings were had -that on the fifteenth day of October, 1923, Esther M. Stuhldreher, as administratrix of the estate of Jack Stuhldreher, filed in the matter of the said

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estate a petition for partial payment to creditors. In that petition she asked permission to pay $1,000 out of the assets of the estate to the creditor or creditors entitled thereto. In her petition she alleged that the funeral bills and expenses of last illness and all family allowance had been paid; that the fees of the administratrix' and the fees of attorneys for ordinary and extraordinary services had not been paid; that the administratrix had rendered her second account and that there was cash on hand amounting to $3,670 and that the remaining assets of the estate were speculative and of uncertain value; that a statement of the claims of all the creditors was filed with the first account and that the total amount of said claims was $9,829.19 and that said estate is insolvent; that the time for filing claims has expired and that, no other claims than those last mentioned have been filed; that, deducting payments made, there was due on the allowed claims $8,025.29; that in addition to said sum there is on file the amended judgment hereinabove referred to; that the said judgment was rendered after the death of Jack Stuhldreher and that Blanche E. Lemon and Harland B. Lemon claimed that said judgment is a preferred claim against the estate of Jack Stuhldreher, deceased, subject only to the expenses of administration; that there are no other preferred claims and that if said judgment is paid there will be no funds left with which to pay any of said claims other than said judgment creditors; that the said Blanche E. Lemon et al., are entitled to have their rights as preferred creditors determined and that $1,000, but no greater sum, can safely be paid. Then follows a prayer that a judgment and order be made determining the priority of the judgment and the respective claims and the proportion to which each creditor is entitled and that not to exceed $1,000 be ordered paid. The petition was filed October 15, 1923. The record shows that the petition was served October 13, 1923, on Fred A. Shaeffer, attorney for Blanche E. Lemon and Harland B. Lemon, Jr.; but it does not show that any notice of the hearing of the petition was given, nor the nature of the notice, if any; and it does not show that any objection to.the petition was made in writing or orally and it does not show what proof, if any, was adduced at the hearing; and, although the petition recited that the administratrix had rendered her second ae