California Supreme Court May 9, 1958, L. A. No. 24596 (Wood v. Luton)

SPENCE, J.

The administrator appeals from that portion of an order surcharging him with $1,376 on his final account and ordering him to deposit said sum in the account of the estate. He contends that the probate court improperly ordered such surcharge in view of a prior order authorizing his compromise and settlement of a wrongful death claim. The record sustains his position.