Dean v. Superior Court

Per Curiam. On the 13th July, 1876, the petitioner filed his final account and petition for distribution of the estate of H. W. Dean, deceased, of which he Avas executor; and on the 25tli of the same month the Probate Court rendered a decree discharging the executors, releasing their bond and decreeing that the remainder of the estate “be and is hereby Avholly set over and distributed to Mrs. H. W. Dean,” etc. The petition of the executor stated “that the real estate and personal property described in the inventory remains on hand,” and, “said estate is uoav ready for distribution.” - The decree allowing the final account and distributing the estate, after reciting that the account “contains a just and full account of all the moneys received and disbursed by said executor from the date of his appointment as such to the said 25th day of July, A. D. 1876,” the day when the decree was entered; “that all necessary vouchers Avere produced and duly filed herein; that the total amount received by such executor as such is $232.95, and the full amount expended -$157.75, leaving a balance of $75.25 in gold coin”; and after other recitals with respect to the payment of debts and of a certain specific legacy, and as to the assumption by the residuary legatee of the payment of executor’s fees, and [475]the consent of the executor to release the estate therefrom, and as to the payment of all other expenses of administration, proceeds: “and it further appearing that the aforesaid final account embraces all the moneys received and paid out by the co-executor Sylvester Trule, and that he has ceased to act as such executor; and further, that said estate is now ready for final distribution, and that said account is entitled to be allowed, and the court having duly considered all the matters aforesaid: It is ordered and declared that the said final account of E. "W". Dean, co-executor, etc., be and the same hereby is, in all respects, as the same was rendered and presented for settlement, approved, allowed,. and settled, and that both of said executors, E. W. Dean and Sylvester Trule, be and are hereby finally and fully discharged from the further execution of their trust, and then1 bond fully exonerated, and that the remainder of said estate be and is hereby wholly set over and distributed to said residuary legatee, Mrs. H. W. Dean, otherwise Nellie T. Dean.”

Section 1697 of the Code of Civil Procedure reads: “ When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the court must make a judgment or decree discharging him from all liability to be incurred thereafter.”