17 Wash. 675 | Wash. | 1897
The opinion of the court was delivered by
This is an appeal from an order settling the final account of an administrator, the questions in con
The motion to dismiss is denied.
Respondent also moves to strike the brief of appellant, for the reason that the findings of fact and exceptions thereto are not printed therein, and objects to the hearing of certain questions presented on the ground that no exceptions were taken thereto. But it appears that the hearing was had upon the final acount of the administrator and exceptions taken thereto, and the order of the court sustained certain of the exceptions and disallowed others. This was sufficient to present the questions raised, and was a substantial complance with the statutes and rules of the court, no formal findings of fact being necessary under such circumstances.
We are of the opinion that the claim of appellant that the administrator is not entitled to any compensation upon the unsold real estate is not well taken. Our statutes, relating thereto are not entirely clear; but it is provided in § 956, vol. 2 of the code, that the executor or administrator shall take possession of all the real as well as personal estate of the deceased, and receive the rents and profits of the same, and keep in tenantable repair all houses, buildings and fixtures thereon, which are under his control. Thus the duty of taking possession of and caring for the estate real
ISTor are our statutory provisions clear with reference to the further question as to whether such compensation must be based upon the appraised value of the real estate, or upon its actual value at the time of the accounting. Section 1051 provides that every executor or administrator shall be chargeable in his accounts with the whole estate of the deceased which may come into his possession at the value of the appraisement contained in the inventory, except as specified in other sections which provide that he shall not make a profit by the increase, nor suffer loss by the decrease or destruction, without his fault, of any part of the estate; and that he shall be accountable for the excess when the property is sold and brings more than the appraisement. Section 1056 provides for a commission on the whole estate accounted for by him, according to a
We are of the opinion that the amount of the compensation should he fixed upon the value of the estate at the time of the settlement, the appraised valuation being disputed.
Eurthermore, the court clearly has no- authority to decree a distribution of the real estate subject to a lien for the fees of the administrator. In the settlement of the
Reversed and remanded for further proceedings.
Reavis, Anders and Dunbar, JJ., concur.