Executions against Procedure," passed March eleventh, eighteen hundred and seventy-two, is hereby so amended as to read as follows: When any judgment has been rendered for or estates, etc. against the testator intestate in his lifetime, no execution shall issue thereon after his death, except as provided in section six hundred and eighty-six. A judgment against the decedent for the recovery of money must be presented to the executor or administrator like any other claim. If execution is actually levied upon any property of the decedent before his death, the same may be sold for the satisfaction thereof; and the officer making the sale must account to the executor or administrator for any surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may redeem any real estate of the decedent from any sale under foreclosure or execution, in like manner and with like effect as if the judgment debtor were still living. SEC. 2. This Act shall take effect immediately. Compensation, AN ACT TO AMEND THE CODE OF CIVIL PROCEDURE [Approved March 24th, 1874.] The People of the State of California, represented in SECTION 1. Section sixteen hundred and sixteen of said Code is hereby amended so as to read as follows: Section Sixteen Hundred and Sixteen. He shall executor, be allowed all necessary expenses in the care, management, and settlement of the estate, including reasonable fees paid to attorneys for conducting the etc. necessary proceedings or suits in the Probate or other Courts, and for his services, such fees as provided in this Chapter; but when the decedent, by his will, makes some other provision for the compensation of his executor, that shall be a full compensation for his services, unless, by a written instrument, filed in the Probate Court, he renounces all claim for compensation provided by the will. SEC. 2. Section sixteen hundred and eighteen of said Code is hereby amended so as to read as follows: sions, etc. Section Sixteen Hundred and Eighteen. When no Commiscompensation is provided by the will, or the executor executor, renounces all claim thereto, he must be allowed commissions upon the amount of the whole estate accounted for by him, as follows: For the first thousand dollars, at the rate of seven per cent; for all above that sum, and not exceeding ten thousand dollars, at the rate of five per cent; for all above that sum at the rate of four per cent; and the same commission must be allowed administrators. In all cases, such further allowance may be made as the Probate Judge may deem just and reasonable, for any extraordinary service. The total amount of such allowance must not exceed the amount of commissions allowed by this section; and that Public Administrators shall receive the same compensation and allowances as are allowed in this Title to other administrators. SEC. 3. This Act shall take effect and be in force from and after its passage. [Chap. 396.] |