INDEX. ABANDONMENT. Of child. See GUARDIANSHIP. ABSENCE. Presumption of death from. See EVIDENCE. ABSENT PARTIES. See ATTORNEY APPOINTED BY COURT. Accounts and Accounting. ASSETS LOST BY SUIT; administrator's consent excused. Action Realty taken for public use; appraisement disre- 418 418 Recovery of; executor's duty; liability for omission; syl. 98 Failure of executor's suit; entitled to counsel and ex- 98 Litigation by executor. Failure of suit; executor jus- 98 Title decided against estate. Executor not accountable; 242 BEQUEST, SPECIFIC; expense for care, proper till distribution; syl. 7. Est. Shillaber... 103 98 CHARACTER OF; under C. C. P., 1616. Experimental character CHARGES WITHOUT VOUCHERS; when allowed and disallowed. Est. 126 126 COMMISSIONS ARE statutory; right is absolute; syl. 7. Est. Love Appeal as to. See EXECUTOR'S APPEAL, infra. ....... 418 126 Accounts and Accounting-continued. [COMMISSIONS. Basis of; appraisement not conclusive. Where appraised Such property Est. Ricaud.. Disputed title decided against estate. Est. Ricaud... Extraordinary services; lawyer-executor. Fact that ad- Fixed by will. Payable as expense of administration Loss of; none by non-feasance; syl. 7. Est. Love... . . written renunciation or agreed condition of quali- 418 242 242 418 418 62 418 Only by 66 None by quit-claim of interest in estate; syl. 7. Est. 418 COUNSEL, RIGHT OF; even where executor himself is an attor- 126 Fee allowed where executor's attorney was law-partner; 126 DELAYED ADMINISTRATION; Sixteen years excused, but ordin · 418 DETECTIVE SERVICE. Item for disallowed; syl. 6. Est. Shilla- 103 DISBURSEMENTS; net expenditure the test. Where collecting 418 418 Redemption of tax sale. Allowed under special circum- 418 expense; syl. 15. Wall around cemetery lot. Allowed as proper and usual 418 Accounts and Accounting-continued. DUTY OF EXECUTRIX stated; to make full report of items of ac- (No. 2).. Established by C. C. P., Secs. 1581 et seq. Est. Fisher, p. 332 100 ESTATE COMING TO POSSESSION; executors chargeable with; syl. 242 EXECUTOR'S APPEAL FROM DECISION ON COMMISSIONS. Costs on ap- EXPENSE OF ADMINISTRATION. See SPECIAL ADMINISTRATOR; EXPERIMENTAL CHARACTER OF ACCOUNT. Where purpose sub- IDLE MONEYS DURING ADMINISTRATION; interest charged if not in- INSURED LOSS; preparation of proofs. Executor's duty; no extra JOURNEY TO DISTANT STATE. Expense therefor allowed; syl. 10. Expense for "fixtures;" definition of "fixtures;" syl. 7. Injudicious expenses in connection therewith; disallowed; Power in will; validity. Lease cannot be attacked upon 66 66 39 66 66 LITIGATION BY EXECUTOR. Entitled to counsel, irrespective of 98 LOSS OF TIME BY EXECUTOR. Item therefor stricken from ac- 126 OBJECTIONS TO ACCOUNT AS A WHOLE; improper; syl. 1. Est. 66 PARTNERSHIP INTEREST; distribution without accounting. See PARTY INTERESTED IN ESTATE; representative of universal de- PERSONAL CONTRACT PERFORMED BY EXECUTOR; legal services. 418 418 Accounts and Accounting-continued. RES JUDICATA; under C. C. P., 1616. No estoppel upon subse- SETTLEMENT OF; by Court and not jury; syl. 6. Est. Traylor.. See, also, titles, EXPENSE OF ADMINISTRATION; SPECIAL AD- Action. See ACCOUNTS AND ACCOUNTING. 98 187 126 By executor. Submitting a controversy without. Est. Burns, 519....... 525 530 ACTS IN PAIS. Subsequent to execution of will. See UNSOUNDNESS OF ADDITIONAL BOND. See SALES OF REALTY. Administration. ASSET; what is not. Executory contract as to foreign realty; ASSETS EXTRA-TERRITORIUM; California administrator neither 431.. ..449, 450 Order recognizing right over them. Not binding as rule for 431 CALIFORNIA ADMINISTRATOR EXTRA-TERRITORIUM; is without 431, 460 EXTRA TERRITORIAL POWER; California Court cannot give ad- 431, 450 PRAISEMENT. FOREIGN ASSETS; as to inventory. See INVENTORY AND AP- GRANT OF; jurisdictional facts. Proof necessary although Nominee of person entitled. By written request of person entitled; syl. 2. Administration-continued. [GRANT OF, One not entitled-revocation. Letters revocable by party 190 Petition for letters; amendment of. Not where void for 244 Application can't be in another's behalf; administra- 244 244 Relatives entitled. Only those who are heirs; syl. 2. Est. Lane... Only when succeeding to the estate; syl. 1. Est. Res judicata upon contemporary application in another Est. Sealy. Solely statutory; syl. 1. Est. Lane.. Surviving wife re-marrying not entitled as "widow "to ad- Widow's right of nomination; exists notwithstanding her INVENTORY STATUTE. See INVENTORY AND APPRAISEMENT. LEX SITUS NOT LEX DOMICILII THE RULE as to all property. 80 ..431 448 MEXICAN SUCCESSIONS; California laws inapplicable; syl. 10. 476 No administrations as to; syl. 10. Est. Blythe (No. 3), p. 454 MINOR'S INTERESTS. See Minors. PARTNERSHIP ESTATE; no jurisdiction in Court, or power in ad- 431 444 REALTY EXTRA-TERRITORIUM; administrator dealing with. Not Administrator no power over; syl. 4. Est. Blythe (No. 3), 431 431 447 Lex domicilii as to personalty inapplicable; syl. 5. Est. REALTY IN MEXICO; California administrator. No power as to, WILL; subordinate to. See WILL. See also, titles, PROBATE FORUM; RESIDENCE; SALES OF REALTY, SPECIFIC BEQUEST, |