Majority
p. 300[No. 12679. Department Two. March 1, 1889.] In the Matter of the Estate of HANNAH M. SACKETT, Deceased.
Headnote
Executors and Administrators—Powers of Special Administrator—. Payment of Claims. — A special administrator has no statutory power conferred upon him to allow or pay claims against the estate. Under section 1412 of the Code of Civil Procedure, the appointment of a special administrator must be made by entry upon the minutes of the court specifying the powers to be exercised by the administrator. If such entry is not before the appellate court, a disallowance by the superior court of a claim paid by the special administrator in the settlement of his account will be affirmed.Appeal from an order of the Superior Court of the city and county settling the account of the appellant as special administrator.
The facts are stated in the opinion of the court.
Daniel Titus, for Appellant, cited section 1632 of the Code of Civil Procedure.
Selden S. & George T. Wright, for Respondent, cited section 1411 to 1417 of the Code of Civil Procedure. The estate was not solvent, and section 1632 of the Code of Civil Procedure cannot apply.
Appellant was appointed special administrator of said estate, and as such filed his account for settlement. Exceptions were filed thereto. The court allowed certain of the exceptions, and disallowed others. The court found that he had received $1,275.10, and that he should be credited with $848.25. Appellant claims that the court erred in disallowing a claim of four hundred dollars, which he paid Scholle Brothers for rent due them from deceased at the time of her death. It does not appear that this claim was ever presented to the court or judge, or by the court or judge directed to be paid. Article 7 of chapter 3 of the Code of Civil Pro
p. 301
cedure provides for the appointment, and prescribes the powers and duties of special administrators, but does not authorize or require them to allow or pay claims against estates. The appointment must be made by entry upon the minutes of the court, specifying the powers to be exercised by the administrator. (Code Civ. Proc., sec. 1412.) That entry is not now before us, and we are not able to determine what powers, beyond those specified in the code, were conferred on the appellant. On the record before us, we are unable to discover that any error was committed by the court below, and the order must be affirmed.
Order affirmed.
Thornton, J., and McFarland, J., concurred.
Hearing in Bank denied.