Vance v. Smith
Before: Dyke
Synopsis
Estates oe Deceased Persons—Building Association Stock—Order— Assignment.—An order given by a wife to her husband for the payment to him of building association stock which would be to her credit, after the maturity, does not amount to an assignment of the stock; and upon her death before maturity of the stock, and upon the husband becoming her administrator, and collecting and receipting for the stock as such administrator, he is chargeable with the collection of the stock as part of the estate of the deceased wife.
Id.—Accounting in Equity with Estate oe Deceased Administrator— Cross-complaint.—In an action in equity for an accounting against the estate of a deceased administrator, where a demurrer was sustained to a cross-co-mplaint filed by the defendant, and no amended cross-complaint was filed, and the action was tried upon the complaint and answer, which were sufficient to justify the findings of the court with reference to the account, the so-called cross-complaint may be- disregarded as surplusage.
Id.—Judgment against Administrator op Deceased Administrator.— The judgment rendered in such action against the administrator of the deceased administrator must be made payable out of his estate in due course of administration.
VAN DYKE, J. Eliza M. Vance died intestate' in Fresno county October 31, 1894, leaving S. L. Vance, her husband, surviving her. On February 9, 1895, said surviving husband was appointed administrator of her estate, and during the course of administration, before any accounting had been had, he diedi [220]His daughter by a former marriage, the plaintiff in the action, was thereupon duly appointed the administratrix of his estate, and has brought this suit against the defendant, Bertha A. Smith, the daughter of his deceased wife, Eliza M. Vance, by a former marriage, who has been duly appointed administratrix of her said mother’s estate, for the purpose of having a court of equity settle the account of S. L. Vance, while acting as such administrator prior to his death.
In settling the accounts the court found that said S. L. Vance, deceased, in his lifetime, as administrator of the estate of Eliza M. Vance, deceased, had in his hands as such administrator, and belonging to said estate, a balance due of money on hand, $1,093; personal property—watch and chain, $10; trinkets, $1.50, making $11.50; in all, $1,104.50; and thereupon judgment was rendered, “that the defendant Bertha A. Smith, as administratrix -of the said estate of Eliza M. Vance, deceased, have judgment against the plaintiff Clara M. Vance, as administratrix of the estate -of S. L. Vance, -deceased, for the sum of $1,093,” and also that the said defendant have judgment -against the said plaintiff that said plaintiff deliver to the defendant said personal property and trinkets, or their value in the sum of $11.50.
The appellant malees the point that the evidence is insufficient to justify the decision of the court in finding the amount ■on hand by S. L. Vance at the time of his de-ath, and especially as to $1,000 collected by him from the Tuscola- Benefit and Building Association, in Illinois. That money was collected on the following order:
“Selma, Cal., Sept. 13, 1894. “Tuscola Benefit & Building Association.
“Please pay my husband, S. L. Vance, the stock that is to my credit in y-our hands after its maturity, and -oblige,
“Yours,
“E. M. VANCE.”
It is claimed on the part of appellant that this is an assignment of that -stock, and that it and the proceeds thereof belonged to the said S. L. Vance thereafter as his property. Said Eliza M. Vance, as already stated, died the following month, and before said order was presented said S. L. Vance was appointed
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