Summary
On rehearing, the Supreme Court of Arizona held that the probate court's unappealed order approving an intermediate account was final and res judicata as to extraordinary executrix compensation. The court modified its prior opinion to give effect to the fourth account and directed distribution of the remaining estate accordingly, affirming the former opinion in all other respects.
Holdings
- An order settling and allowing a probate account is conclusive and res judicata as to the matters properly determined in that account when the order was not appealed, subject to the statutory exceptions for persons under legal disability and authorized direct attacks.
- The former opinion must be modified so that the $14,400 allowance for extraordinary services approved in the fourth account remains effective and is included in the distribution calculation.
Questions Presented
- Whether the probate court's unappealed order approving the executrix's fourth account was final and res judicata in a later appeal concerning the final decree of distribution.
- Whether the Supreme Court's former opinion should be modified to preserve the allowance approved in the fourth account.
Disposition
other
Cases Cited (3)
- Estate of Sullivan, 51 Ariz. 483, 78 P.2d 132(followed)
- In re Grant's Estate, 131 Cal. 426, 63 P. 731(cited)
- In re Richmond's Estate, 9 Cal. App. 402, 99 P. 554(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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