gno.law

Estate of Franklin

California Supreme Court · L. A. No. 24148 · 1956-11-20 · Published · 47 Cal. 2d 303 · 303 P.2d 339

Area
probate

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

47 Cal.2d 303 (1956) Estate of EDWARD J. FRANKLIN, Deceased. ROBERT O. PFLEGER, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Respondent.

L. A. No. 24148. Supreme Court of California. In Bank.

Nov. 20, 1956. Robert O. Pfleger, in pro. per., for Appellant.

No appearance for Respondent.

THE COURT.

The question here involved is whether the compensation allowed to executors, administrators and their attorneys should be governed by (1) the law in effect at the time of the settlement of the account and making the order allowing compensation, or (2) the law effective at the date of death of decedent.

[1] We are of the opinion that the proper rule is that the rate of compensation should be determined by the law in effect at the date of the order allowing compensation. (See Estate of Johnston, ante, p. 265 [303 P.2d 1].)

Since the probate court in the instant case did not apply this rule, the order appealed from is reversed.

Cites, in this corpus