Legal Opinion

In re Estate of Den

California Supreme Court

Decided July 1, 1868PublishedCited by 6 opinions

Appeal from the Probate Court of Santa Barbara County. L. T. Burton was the creditor of the estate of Nicholas A. Den, deceased, mentioned in the opinion of the Court, and he appealed. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Crockett, J.:

The appellant is a creditor of the estate of ¡Nicholas A. Den, deceased, upon a promissory note for four thousand dollars, made by the testator in his lifetime, bearing interest at the rate of two per cent per month. The claim was duly presented to and allowed by the executors and by the Probate Judge, at which time there was due for principal the sum of four thousand dollars, and for interest accrued the sum of two thousand seven hundred and twenty dollars. Subsequently, the executors made a partial payment of one thousand five hundred dollars on the claim. In the…

2Cases cited3 opinions

  1. Stoughton v. LynchNew York Court of Chancery · 1816
  2. Williams v. HoughtalingNew York Supreme Court · 1824
  3. Hosack v. RogersNew York Court of Chancery · 1842

3Cited by6 opinions

  1. Allsopp v. Joshua Hendy Machine WorksCalifornia Court of Appeal · 1907
  2. Ætna Life Ins. v. GeherCourt of Appeals for the Ninth Circuit · 1931
  3. Yndart v. DenCalifornia Supreme Court · 1897
  4. Anderson v. PerkinsMontana Supreme Court · 1890
  5. Richardson v. DissCalifornia Supreme Court · 1899

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