Towner v. Heitman

California Court of Appeal Mar 31, 1943 No. Civ. No. 13954Published

Before: McComb

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Holding. The court held that an administratrix occupying estate property is liable for its reasonable rental value when she fails to attempt to rent or sell the property to satisfy estate debts, and that she may not claim credit for attorney fees paid without prior court authorization.

Issues

Whether written 'objections' to an account are legally equivalent to 'exceptions' under the Probate Code.
Whether an administratrix who is also a devisee is exempt from paying rent for estate property she occupies.
Whether an administratrix may claim credit for attorney fees paid without a prior court order.

Disposition. affirmed

Quotations verified verbatim against the opinion

“In practice, however, the two words have been held to be equivalent.”

“no application was made to the probate court for an order allowing attorney’s fees, nor was any such order ever made. Therefore the trial court properly disallowed appellant credit for the amount she had paid to her attorney.”

McCOMB, J. This is an appeal from portions of orders approving the account of the special administratrix of the last will of John Andrew Pardue, deceased, and of an account of the administratrix of his estate, wherein:

(1) The account of the administratrix is charged

(a) $800 as the reasonable rental value for the use of a parcel of property of the estate for a period from February 1, 1937 to September 30, 1938, and

(b) $1,600.40 as the reasonable rental value for the use of the same parcel of property for the period from October 1, 1938 to February 28, 1942;

(2) The administratrix is not allowed a credit for the sum of $290.50 paid to her attorney on account of fees in connection with the administration of the estate.

These are the essential facts:

On November 8, 1936, John Andrew Pardue died testate. Part of the property of his estate consisted of a parcel of land upon which was located a dwelling house. This the administratrix, appellant, occupied from February 1, 1937 to and including February 28, 1942. During this period the administratrix with her own personal funds paid for necessary repairs and the general upkeep of the building.

March 11, 1942, the amended account of Naomi Towner, the special administratrix, and her first amended account as administratrix with the will annexed, together with written “objections,” filed by certain devisees of the decedent, were heard before the superior court sitting in probate. After receiving evidence on the accounts and in support of the objections, the court approved the accounts with certain exceptions among which were these:

(1) It charged the administratrix

(a) $800 as the reasonable rental value for the use of a parcel of property of the estate for a period from February 1, 1937 to September 30, 1938, and

(b) $1,600.40 as the reasonable rental value for the use of the same parcel of. property for the period from October 1, 1938 to February 28, 1942;

(2) It disallowed the administratrix credit for the sum of [920]$290.50 paid to her attorney on account of fees in connection with the administration of the estate.

Towner v. Heitman

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