In re Estate of Noah

Belcher, C. Most of the questions involved in this case were considered and passed upon in the case of the same title reported in 73 Cal. 583. It is now further shown that one of the executors of Joel Noah’s will, William M. Morris, died on the 1st of October, 1887; that the two surviving executors proceeded to settle up the estate; that on the 29th of November, 1887, they presented and filed their final account, with a petition [469]praying that the account be settled and the estate in their hands be distributed; that on the 12th of December following, after due and regular notice, the matter came on to be heard, and no objection being made thereto, a decree in due form of law was made and entered, settling and allowing the accounts of the executors, and distributing all of the estate remaining in their hands, and that afterwards, on the fourteenth day of May, 1888, a decree in proper form was made and entered, discharging the executors from all liability to be incurred thereafter by them.

The appellant, as widow of Joel Noah, deceased, commenced this proceeding by filing in the superior court, on the 12th of June, 1888, her petition, praying that the decree settling the final account of the executors and distributing the estate be vacated and set aside, and that she, as such widow, be allowed out of the estate of deceased, for her support and maintenance, the sum of one hundred dollars per month, to take effect from his death, on the 28th of August, 1883. •

The petition sets out all the proceedings in the former case, and then, to show that the petitioner is now entitled to the relief prayed for, proceeds to state “that the inventory and appraisement of the property of the said deceased, returned and filed herein on the thirteenth day of November, 1883, by the executors of said estate as aforesaid, was false and untrue, in this: That said inventory and appraisement did not include and set forth the following described property belonging to said deceased, to wit: Gash in the hands of said William M. Morris, one of the executors, to the amount of $8,550; United States bonds in the hands of said William M. Morris, belonging to said deceased, to the amount of $10,000; cash on deposit in the London and San Francisco Bank, Limited, belonging to said deceased, to the amount of $20,000, which was drawn out of said bank by said Morris after the death of said deceased, on a power of attorney [470]