66 P. 730 | Cal. | 1901
An act of the legislature, approved March 28, 1895, entitled "An act to establish the fees of county, township, and other officers, and of jurors and witnesses in this state" (Stats. 1895, p. 267), directed the county clerk, upon the filing of the inventory and appraisement in the administration of an estate, to charge and collect the sum of one dollar for each thousand dollars of the appraised valuation in excess of three thousand dollars. The executor of the last will and testament of Charles J. Wingerter filed the inventory and appraisement of the estate of his testator with the county clerk of San Francisco, August 12, 1895, and paid to that officer the sum of $325 as the fee for filing the same. June 2, 1897, the estate of the said testator was distributed to the plaintiff herein. In May, 1897, this court held that the above provision of the act of March 28, 1895, was unconstitutional. (Fatjo v. Pfister,
Section
The judgment is reversed.
Garoutte, J., and Van Dyke, J., concurred. *549