Mahoney v. National Surety Co.

STROTHER, J.,

pro

tem.

Jose J. Robledo died, leaving him surviving a widow, Irene Robledo, and for estate a policy of insurance amounting to $1,988.06. On November 12, 1920, Nathan C. Coghlan was appointed as administrator of his estate, and took the oath and gave bond, upon which the defendant National Surety Company was the surety. John Harloe was attorney for the administrator, and James M. Carroll was attorney for the widow. The check for the insurance money was turned over to Carroll for collection, for the reason, it appears, that he was depositor in a local bank, which was correspondent of the bank upon which the check was drawn. The money was never paid over to the administrator. It is stipulated that the insurance policy was the sole asset of the estate.

On the second day of February, 1921, the widow filed in the estate proceedings her petition asking that the insurance money be set aside to her as exempt property. The petition was set for hearing on February 18, 1921, at 10 o’clock A. M., and due notice of the hearing was given, the proofs

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filed in the estate proceeding being introduced in evidence at the trial of this action. No written opposition to the granting of the petition was filed in the proceeding at anytime. On May 3, 1921, Coghlan filed an account, as and for his first and final account of his administration of the estate, crediting himself with the payment of $1,988.06 to Irene Robledo. The account was fixed and noticed for hearing on May 27, 1921. On May 17, 1921, Goldman, Nye, and Surr, attorneys, filed exceptions to the account, setting out as the basis of their right to except that they had performed extraordinary services for the administrator, not specifying their character, which were of the reasonable value of $694.40, which the administrator had agreed to pay, and, further, as representing themselves and other named creditors of the estate, whose claims had been allowed' and filed, aggregating the sum of $694.40.

On May 20, 1920, the widow filed, at whose instance does not appear, her waiver of claim of exemption of the insurance money. Her receipt for this money, of date February 18, 1921, was filed as a voucher accompanying the administrator’s account.