In Re Estate of Bell

LORIG-AN, J.

This appeal is from an order made in the Estate of Bell, deceased, directing the appellant, adminis

[255]

tratrix, to pay an allowed claim of the California Safe Deposit and Trust Company, an insolvent corporation (hereafter to be designated The Trust Company or bank) against said estate.

This and another appeal taken by the administratrix from an order of the superior court dismissing her petition in intervention, filed in the insolvency proceeding against said trust

company—People etc.

v.

California Safe Deposit and Trust Company,

respondent

Teresa Bell,

as administratrix, etc., intervener and appellant, (No. S. F. 6487),

ante,

p. 241, [141 Pac. 1181], were presented together. The opinion of this court in the appeal last mentioned, filed this day, is referred to for a detailed statement of the facts under which the question involved here is presented. It may be stated, however, generally, as to the present appeal, that the respondent, as receiver of the Trust Company, petitioned the court in the matter of the Estate of Bell, deceased, for an order directing the administratrix to pay a claim on a promissory note given for forty thousand dollars and interest at six per cent per annum, which Bell, at the time his of death, owed the said trust company, and which was presented and allowed in its favor against his estate, and filed on May 25, 1893. The balance claimed to be due (payment having been made by the estate from time to time) was $10,093.40, with interest at seven per cent per annum from May 25, 1898. The Trust Company or bank had been adjudged insolvent on January 14, 1908, the respondent appointed receiver to liquidate and settle its affairs, and it was alleged that said claim against the estate was an asset of the said insolvent trust company. All claims against the estate of Bell, save that of the Trust Company, had been paid and the estate was solvent.