In Re Estate of Randall

THE COURT.

This is an appeal from an order of the superior court, sitting in probate, settling the account of Florence E. Philbrook, as administratrix with the will annexed of the estate of Humphrey A. Randall, deceased, presented by Horace W. Philbrook, as administrator of the estate of Florence E. Philbrook, in said estate of Randall, of which said Florence E. Philbrook, deceased, prior to her death had been such administratrix.

The facts shown by the record and as recited in said order are these: On February 15, 1915, letters of administration with the will annexed were granted and issued by the superior court of the county of Alameda, in the matter of said estate of Randall to Florence E. Philbrook. These letters of administration were subsequently revoked by said court by an order which appears to have been duly and regularly given and made on April 3, 1917, at which time Anne Bates Randall was appointed and thereafter duly qualified as the executrix of said estate. Thereafter and on November 17, 1918, Florence E. Philbrook died without having rendered or filed a final account of her administration of said estate, whereupon Horace W. Philbrook applied for and received letters of administration of her estate in the superior court of the city and county of San Francisco, the place of her residence at the time of her death, and duly qualified, as such administrator. Thereafter and on the fourteenth day of June, 1920, Horace W.

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Philbrook, as the personal representative of said Florence E. Philbrook, deceased, and as the administrator of her said estate, presented and filed in the superior court of Alameda County, in the said matter of the estate of Randall, the final account of Florence E. Philbrook, deceased, as administratrix with the will annexed of said estate; whereupon the said court appointed the twenty-eighth day of June, 1920, as the day for the settlement of said account, notice of which time and place of said settlement of said account was duly given and made as required by law and by the order of said court, and said account came on regularly for settlement on said appointed day, whereupon Anne Bates Randall, as executrix of said estate, presented and filed her objections and exceptions to said account, whereupon the hearing upon said account and the objections thereto was by the court continued to July 8, 1920, and upon said day was further continued to the nineteenth day of July, 1920, on which last-named date Anne Bates Randall, as such executrix, presented and filed, by leave of the court, certain amendments to her objections and exceptions to said account. Thereupon the matter was further continued for hearing to July 26, 1920, and was then and thereafter by various minute orders of the court appearing to have been duly and regularly made, continued to September 13, 1920, on which last-named date the matter of the settlement of said account and of the said objections and exceptions thereto as amended came on regularly to be heard, the parties thereto being present or represented in court and no objection to the hearing upon said final account and the objections and exceptions thereto or to the settlement thereof being made. Thereupon the court proceeded to hear and determine said matters. The record in respect to the proceedings of the court at said time appears to show that whatever disposition the court made thereof on said day and at the time of the hearing thereon was oral and was done in open court, no minute entry or written order being at the time made or filed; but thereafter and on September 18, 1920, the court did sign and file its written order settling said account, which written order purported on its face to be the order which was made in open court on September 13, 1920, and to have been signed upon said last-named date. The