Estate of Price

STURTEVANT, J.

This is an appeal from an order settling the account of the guardian of the estate of an incompetent person. The account as rendered shows that the guardian was allowed sums as compensation for her services and as compensation for her attorneys. No claim of error is made as to those items. However, she was allowed certain sums to reimburse her for moneys expended in traveling and for her board and room. ■ It is claimed that the last-mentioned items were improperly allowed. The expenditures so objected to were incurred in the following manner: For some years Alfred H. Price had been engaged as a railway telegrapher by the Southern Pacific Company. As such he had been located at Lodi. He had been married, but had not been living with his wife for many years. By this marriage he had one son whom he had not seen for a long time and whose whereabouts he did not know, but who survived him. He had a sister, Estella Brown, who resided at Winchester in the state of Indiana. In 1929 Mrs. Brown heard that her brother was ill. Soon thereafter she came to California to see her brother, who at that time was a patient in the Southern Pacific Hospital. On that trip, which we will call the first trip, she expended for railroad fare and expenses $364.23. Thereafter she returned to her home in Indiana and remained there until late in 1930 when she heard that her brother’s health had become worse. Toward the end of that year she made a second trip to California which occupied 120 days. The cost of her board and room and traveling expenses on that trip amounted to $399.23. While she was out here, on her application, Alfred IT. Price was declared incompetent and was committed to the State Hospital at Stockton. He continued an inmate of that institution until his death. Shortly after he was committed Mrs. Brown applied for and was granted letters of guardianship of his estate. While here she attended to the transaction of her duties as guardian of his estate. Thereafter she again returned to her home in Indiana and remained there until her brother died. On being informed of his death she

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sent for his body and had it shipped to Winchester, Indiana, where it was buried. In the meantime she had become possessed of a document dated September 8, 1927, which purported to be the last will and testament of her brother. After consulting an attorney in Winchester she came to California for the purpose of probating the will. On arriving here she learned that a later will had been made, April 5, 1929, and she tqok no steps to have the will dated September 8, 1927, probated. The will dated April 5, 1929, was offered for probate. She filed a contest, which was overruled, and the will later in date was admitted ‘to probate. Pursuant to the terms of that will Mr. Glenn West was appointed executor thereof. On this third trip her expenses for board, room and railroad fare amounted to the total of $328.68. While in California she presented and filed her final account in the guardianship proceedings. In the account she set forth the expenses of each of said trips and asked to be reimbursed therefor. The executor of the last will of Alfred II. Price appeared and objected to the allowance of any of the expenses of any of said trips hereinabove mentioned. His objections were overruled and each of the foregoing sums was allowed.