In re the Estate of Hilliard

Vanclief, C. Chester Hilliard died testate in Amador County in April, 1879, leaving real and personal property of the value of about $2,355, which he devised and bequeathed to his two minor sons, Albert and George Hilliard. The will appointed Samuel W. Bright and Martin Dotta executors, without requiring them to give bond or security for the performance of their duties, and authorized them to sell and convey all the property of the estate and convert it into money without any order of court, and after paying the lawful debts of his estate, [424]to invest the residue of the money for the benefit of his said sons. The will also nominated and appointed the same persons—Bright and Dotta — guardians of the persons and estates of his said minor sons, without requiring any bond or security fur the performance of their duties as such.

The will was proved, and Bright and Dotta were appointed executors May 12, 1879. Within one year after their appointment the executors sold all the property and paid all the debts of the estate, but appear to have reported to the probate court no account thereof, nor of any of their transactions in regard to the estate until, in obedience to an order of that court, they filed their final account on the fifteenth day of July, 1889, whereby it appeared that they had received in cash from the estate $2,355.43, of which they had disbursed $1,764.85, leaving in their hands $590.58. A portion of the disbursements was for the support and care of the minor sons, among them four items of $150 each, paid respectively November 3, 1879, November 3, 1880, November 16, 1881, January 22, 1883, to Mrs. J. D. Oaks.

On July 29th, after the filing of this final account, A. C. Hilliard, one of said sons, being then over twenty-one years of age, filed in the probate court his written objections to the following items charged in the account: the item of $150 charged as having been paid Mrs. Oaks on November 16, 1881, and to the item of $150 charged as paid Mrs. Oaks January 22, 1883, on the ground that neither of these items had been paid. He further claims that the executors should be charged with interest on all money received by them from May 15,1880, for the reason that twelve months was a reasonable time within which to settle the estate, and that no reason existed why the estate should not have been settled and distributed within that period.

The issues thus raised -were regularly tried, and the court overruled the objections of A. C. Hilliard, and ap[425]