Kramer v. Cauzza

JENNINGS, J. This is an appeal from an order of the Superior Court of Kern County settling and approving a special account of the administrators of the estate of Louis V. Olcese, deceased. The account, which covered the period from December 6, 1932, to March 31, 1933, was filed on April 29, 1933. Thereafter on May 15, 1933, Olcese Kramer filed written objections to said account. The account and the objections thereto came on for hearing on May 15, 1933. At this hearing evidence consisting of the oral testimony of witnesses and documentary evidence was submitted to the court. Upon the conclusion of the hearing the court made its order overruling and disallowing the objections and settling and approving the account. Thereupon the above-mentioned objector prosecuted this appeal from the aforesaid order.

The principal ground of the objections relates to the allowance by the court of the sum of $10,484.12 as fees of a prior administrator of the estate and the disposition of this compensation by such administrator. Upon the death of Louis V. Olcese, the Bank of Italy National Trust and Savings Association was appointed administrator of his estate and thereupon proceeded to administer it. An appeal was taken from the order of the superior court appointing the bank administrator by Victor Olcese, a brother of the deceased. The appeal was' successful and the order of appointment [85]was reversed by the Supreme Court (Estate of Olcese, 210 Cal. 262 [291 Pac. 193]). After the appeal was taken the bank was appointed special administrator and during the pendency of the appeal it continued to act as special administrator. Upon the reversal of the order of appointment three new administrators of the estate were appointed. These new administrators qualified as special administrators in January, 1931, and as general administrators in May, 1931. In the meantime some questions had arisen as to the respective rights and liabilities of the bank and the estate with respect to the former’s conduct of the administration of the estate. In August, 1931, the bank filed its final account as administrator. After the rendition of this account the bank filed claims against the estate the total amount of which was more than $300,000. These claims covered the amount of disbursements from funds of the estate made by the bank during the time that it acted as administrator. In this state of affairs, negotiations were undertaken between the bank and the new administrators which were carried on for several months and which finally culminated in the execution of an agreement which is denominated in the briefs of counsel the “ratification agreement”. The purpose of this agreement was the ratification by all parties interested in the estate of all acts performed and proceedings taken by the bank in its administration of the, estate. In this agreement specific reference was made to the final account of the bank as administrator and certain items of expense included therein were expressly eliminated. With the exception of such items it was provided that “in all other respects said account may be settled, allowed, and approved”. Thereafter on January 13, 1932, the final account of the bank was duly allowed and approved. The court’s order approving the account specified “that the administration of said estate conducted by said Bank of .Italy National Trust and Savings Association is equal to %ths of the entire labor of administering said estate and that the estimated amount of entire statutory fees and commissions of the administrators and attorneys is $13,978.83 for the administrator and $13,978.83 for the attorneys of which sum %ths amounting to the sum of $10,484.12 is hereby fixed and allowed to said Bank of America National Tryst and Savings Association, formerly Bank of Italy