Estate of Bauer

California Supreme Court

Estate of Bauer

281 P. 63, 208 Cal. 199, 1929 Cal. LEXIS 370

CourtCalifornia Supreme Court

DecidedSeptember 24, 1929

DocketDocket No. L.A. 11405.

StatusPublished

Cited by5 cases

This text of 281 P. 63 (Estate of Bauer) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Bauer, 281 P. 63, 208 Cal. 199, 1929 Cal. LEXIS 370 (Cal. 1929).

Pincite

Opinion

THE COURT.

The appeal in this ease is “from the decree settling final account and ordering distribution and the order granting the motion of the executors to strike out and dismiss the exceptions to the final account filed by the contestants. ’’

The primary object of this appeal is to relitigate the questions decided in Bauer v. Bauer, 201 Cal. 267 [256 Pac. 820], and Estate of Bauer, 199 Cal. 98 [248 Pac. 507].

The question considered in said cited cases, to wit, the ownership of certain property omitted from the inventory and final account and claimed by appellants to be property belonging to said estate and again brought to our attention in Bauer v. Superior Court (S. F. No. 13357), ante, p. 193 [281 Pac. 61], this day decided, is sought to be revived. This cannot be done.

*200 No serious question is raised as to any matter or item of accounting except the main question which is foreclosed by Bauer v. Superior Court, supra. We have examined the account and feel satisfied that it was justly settled. Many items were examined, passed upon and allowed or disallowed as the justice of the situation seemed to warrant. The allowances made to the attorney and executors for extraordinary services performed, considering the many proceedings instituted and objections made during the course of administration in an effort to oust them and obstruct them in the settlement of the estate, do not appear to be unreasonable. Neither do we find any error committed in the matter of distribution.

The decree and orders are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

THE COURT.

The appeal in this ease is “from the decree settling final account and ordering distribution and the order granting the motion of the executors to strike out and dismiss the exceptions to the final account filed by the contestants. ’’

The primary object of this appeal is to relitigate the questions decided in Bauer v. Bauer, 201 Cal. 267 [256 Pac. 820], and Estate of Bauer, 199 Cal. 98 [248 Pac. 507].

The question considered in said cited cases, to wit, the ownership of certain property omitted from the inventory and final account and claimed by appellants to be property belonging to said estate and again brought to our attention in Bauer v. Superior Court (S. F. No. 13357), ante, p. 193 [281 Pac. 61], this day decided, is sought to be revived. This cannot be done.

*200 No serious question is raised as to any matter or item of accounting except the main question which is foreclosed by Bauer v. Superior Court, supra. We have examined the account and feel satisfied that it was justly settled. Many items were examined, passed upon and allowed or disallowed as the justice of the situation seemed to warrant. The allowances made to the attorney and executors for extraordinary services performed, considering the many proceedings instituted and objections made during the course of administration in an effort to oust them and obstruct them in the settlement of the estate, do not appear to be unreasonable. Neither do we find any error committed in the matter of distribution.

The decree and orders are affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

281 P. 63, 208 Cal. 199, 1929 Cal. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-bauer-cal-1929.

Opinion

Related

Cite This Page — Counsel Stack