The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-13
SETTLING AN ESTATE.
A Lay Adventures rs an Ad.
MiniStratOr for His Wife.
The Law Of Probate, It's Ramifcations and Red
Tape-1he Trouble One Has to Go Through
to Wind Up Small Estate.

the settling up of an estate?" asked gen.
tieman OF representative of THE CALL
yesterday.
Never" was the laeonic reply.
linen don't" continued the first speaker
unless you want TO become acquainted by
practical experience with all the intricacies
OF tue law IN the matter and all its ramifica-
lions and red taIe. Why, bless you, I've
just got through with the settlement uf an
estate, only small piece of property valued
at less than $500, and I've had as much
pother with 1t as If it had been worth a
million.
How Was itP Well, il you are anxious
TO know, I'll tell you. A little more than a
year ago my mother-in-law. as good a sou
as ever lived. having reached the allotted
span OF lille. passed away, and the only
.Ihg outside OF few personal effects she
leit was piece OF land situated a good
Instance from the heart of the city's busy
center Had she in her lifetime given the
mater thought she could have made
deed OF gilt OF the property TO her daughter
anu the only expense would have been the
price OF drawing up deed and having the
same recorded, all at an expense not TO ex-
ceed SO. But as this was not done and my
mother-ln-law died intestat.. concluded
lnat, being unused TO the ways of civil
courts, it would be- the proper thing to Law
Il
ana AVOID any annoyance that there might
be In connection with the case.
met representative Of that official
ana lad the facts before him. He pre-
sehted me with bill of items showing how
much IL wonld cost to settle the estate and
obtain an order Of distribution. There was
THIS and there was that, and, taking It all
In all, including the officials fee, the eX-
pehses amounted TO something over 500. 1t
STRUCK me that this was pretty steep price
m fRr ~
ior which rea!-estate broker offered $500
II declined 10 negotiate with the Public
Administrator aud consulted an attorney,
VINO informed me that could apply for let
tiers OF administration and
SAVE THE FEES USUALLY ALLOWED.
i soon made up my mind. and 1t was not
long before had the pleasure of seeing my
name in the public prints. and The informa-
ton that l had been appointed admins
traitor of an estate. / felt proud for the rea-
son that the reporters left out the valuation
and the impression would 90 abroad that
was handling property that ran
up into the thousands. | was as
Ignorant OF my duties as Digger
Indian is OF the beauties Of Shakespeare,
put relied upon my attorney. First, there
came to me letters Of administration and an
order TO advertise to creditors to present
their claims, aud with these a notification
that the sum OF 50 in fees was required. OF
course the fees were paid. The old lady
had not had creditor for ten years before
her death; but the law could not take cog
niZanee OF that, so an advertisement directed
TO people who did not exist was inserted
Tor I'VE consecutive weeks at cost of So
Ihat part Of the programme having been
carried out, my attorney told me TO let the
matter rest until he would notify me So
the thing went along, and in the meantime
got an linking that there is.a provision in
the code that provides that estates under
$1,000 In valuation can be settled four
months after the letters of administration
have been issued. 1 almost forgot to saw
as soon as was appointed had 10 furnish
a 6o2G atb two competent sureties in
treble the amount Of The value of the estate,
ard tbs sureties had TO be sworn before a
notary. who Iii the blandest manner said
alter lie had sworn the bondsmen, Dollar for
each oath, please. Time went along smoothly
aud IL came to MY know ledge that the
Judge of the Probate Department of the
court had under serious consideration hav-
Ing me brought up 10 answer for contempt
because more than six months had elapsed
and had not rendered account accord
Ing to law. Having great deal of respect
Tor the law and no desire To spend DAYS as
the guest OF the Sheriff of the county |
rushed 10 my lawyer, and by some pull that
he had the proposed order was not made
Then came an order that there must be an
appraisement of the estate, and three ex-
perts IN the value OF realty were appointed.
there was an expense for hack hire, So, to
n
fenced lot so that they might state under
oath
WHAT IN THEIR OPINION 1T WAS WORTH
After consultation they concluded that
$500 was fair valuation, and each had to
make oath to that fact. | took each TO
notary who vas on my list of friends, and
for friendships sake he CONSIDERABLY
knocked off half a dollar from each oath. 50
that the expense was reduced to 81 30. but
besides this l had to pay the appraisers
who concluded that as it was but piece OF
land OF small value / would DE taxed but SIS
each Tor me laoorious service they had per-
formed. The next step was the making out
OF nv first and final account, which, drawn
up with all the legal verbiage, covered
hall dozen pages of foolscap, close writing,
aud as 1 bad to swear to that before a
9 aOIary that ,o cost me- me another half
writing TO tell the court that / had
not derived a cent of income from
the realty and that had paid out a stated
amount for fres and advertising. Then |
was called iEto court, and under oath had
to make II appear that had not mi>appro-
prlated any portion OF the estate aud that
L did not know OF any other heir TO the
property but my wife. My wife was forced
10 tell that she WAS the only child, and that
IL there we're any other heirs she was not
aware of the fact. Two days after that, my
attorney brought me paper which bore the
signature OF Judge Coffey, and with a smile
said, ow we've got the matter wound up,
ana ali thai you've got to do is TO take ttis
paper, which is the order of the court dis
trihutng tie property to your wife, to the
County Recorder and have ii recorded, that
Will cost you S4.'
wishing to be sure that | was all right
and not liable to be hauled up for contempt
of court, / remarked, now l suppose that
all is finished, and that after this is recorded
there Will be no further trouble For a
moment there was smile upon his counte-
nance, and as he washed his hands with
Invisible soap In impereeptible water, he
remarked. that IS all except the little mat
ter Of my fee for service rendered. The
judge In case OF this kind usually allows
a lawyer to charge $50. but as we have been
old friends, | have concluded to charge you
out S30 his bill was paid. When / spoke
TO some one about this charge, the remark
was made that had not been charged for
the amount OF work done but
FOR KNOWING HOW TO DO IT."
did that wind it up?" ask the representa-
tive.
oh, no. Acting under instructions. took
the order OF distribution to the County Re-
corder's office and in due time it was taken
from me by a natty young man with banged
halr and white vest. He scanned it with
a SlI5 month salary air, and then handed
II back with the statement that We cannot
record any such document as this unless
we nave the certificate of the County Clerk
certifying TO the signature of Judge Coffey.
Take 1t to the County Clerks Office and
bring 1t back here Pre- uming that the
Young man knew what he was talking about,
went to the County CLERKS office, and
there met very polite clerk, who told me,
after he had thrown $50 month salary
air at the paper, The paper mast be filed in
TINS Office apd you will have to get a Ger
tined copy thereof aud have that placed on
record II you wish. We never certify to
original orders
But, l interposed, this is getting
mixed. NV lawyer told me TO take this mat
ter to the Recorder, the Recorder tells me
10 take 1t here to have the County Clerks