King v. Chase

SLOSS, J.

Cornelia A. Chase died on January 23, 1896, leaving a will wherein her husband, Levi Chase, was appointed executor. The will was admitted to probate in the superior court of San Diego County, and letters testamentary issued to the executor named. Levi Chase entered upon the performance of his duties as executor, and continued to act as such until his death, which occurred on May 30, 1906. Thereafter the defendant Charles A. Chase offered for probate the will of Levi Chase. The will was duly admitted to probate, and letters testamentary thereon issued to said Charles A. Chase. In August, 1906, the court in which the administration of Cornelia A. Chase’s estate was pending, appointed Charles W. King administrator with the will annexed, of said estate.

This action was begun by King, as such administrator, against Charles A. Chase, as executor of the will of Levi Chase, and individually, to obtain an accounting of the property belonging to the estate of Cornelia A. Chase, which came to the possession of defendant as executor of the will of Levi Chase, and for the recovery of such property when ascertained and determined.

The complaint alleges that the estate of Cornelia A. Chase consisted of a large amount of money, real estate, and personal property, which was, prior to the death of the said Levi Chase, in his possession, as executor of said Cornelia A. Chase, and that upon the death of Levi Chase, said money, real estate, and personal property passed into the possession and control of Charles A. Chase, executor of the will of Levi Chase. These allegations, denied by the answer, were found to be true by the court, which thereupon made an interlocutory order requiring the defendant executor to make, within thirty days, an accounting of the executorship of Levi Chase, as executor of the last will of Cornelia A. Chase. An account was filed accordingly, and the court made further findings, to the effect that at the time of the death of Levi Chase, there

[422]

was in his possession as executor of his wife’s will the sum of $17,599.02, which sum passed into the possession and control of Charles A. Chase, as executor of the will of Levi Chase. There are similar findings concerning certain items of specific personal property, consisting of jewels and securities. A judgment was entered, requiring the defendant Charles A. Chase, as executor, to turn over and deliver to plaintiff, as administrator, the specific personal property remaining in his hands, and that plaintiff have and recover judgment against defendant executor for the sum found to be in his possession.