Palm v. Weber

ADAMS, P. J. In 1933 Edward A. Palm and Wilhelmina Palm, husband and wife, were possessed of an estate of considerable value, including the entire community interest in a ranch in Sacramento County. On February 3d of that year the spouses executed a promissory note payable to Frank Weber for the sum of $31,152.30, secured by a trust deed on the Sacramento ranch. December 7, 1934, Edward A. Palm died testate, and his wife, Wilhelmina, who was the sole beneficiary under his will, was duly appointed and qualified as executrix. May 24, 1935, Weber filed a claim against the estate for said indebtedness and other items, [482]which was duly. approved in the total sum of $44,084.95. November 20, 1934, the estate being in financial difficulties, Wilhelmina Palm resigned as executrix and upon her nomination Frank Weber was appointed and qualified as administrator of said estate with the will annexed.

At the time Weber took over the administration of the estate the property was not in a condition to produce to advantage, being planted to prune trees which had to be removed. Thereafter it was planted with hops, which crop proved profitable. Weber operated same and made various improvements for which he advanced his own moneys. June 22, 1937, Wilhelmina Palm signed a document by the terms of which she consented to and confirmed all the acts and management of Frank Weber, as administrator and also waived the reporting of any of said acts to the court or the obtaining of confirmation of said acts by the court. May 31, 1940, Mrs. Palm signed a similar document ratifying-all acts of Mr. Weber performed as administrator, including the borrowing and expenditure of money, the making of improvements and the handling of the estate. No account was filed in the estate by Mr. Weber'during the lifetime of Mrs. Palm. She died March 11, 1941.

December 2, 1941, B. B. Palm and Florence B. Farris, a son and a daughter of the deceased, gave notice to Mr. Weber to show cause why he should not file an account of his administration of the estate. In June, 1942, the administrator filed his first account. January 5, 1943, B. B. Palm and Florence B. Farris filed objections to that account. February 10, 1943, the administrator filed a second account. The same heirs filed objections to that account. After hearing upon said accounts, both were settled by the court December 16, 1943.

On September 20, 1943, B. B. Palm and Florence Farris filed a petition to revoke Mr. Weber’s letters of administration with the will annexed; and on December 16, 1943, when the probate court made and entered its order settling the accounts of the administrator, it also made an order revoking his letters. In its order settling the accounts the court found that there was due, owing and unpaid to Weber on his claim filed in the estate the sum of $25,000 together with interest from December 21, 1942. However, said court disallowed certain items of interest with the payment of which Weber had credited himself, bn the ground that said