In re Estate of Taylor
California Supreme Court
Appeal from an order of the Probate Court of Sonoma County. The executor of the estate of James A. Taylor, deceased, was himself a creditor, but did not present his claim to the Probate Judge for allowance until after the expiration of the ten months from the time he published-a notice for the presentation of claims against the estate, and for that reason the Probate Judge disallowed it. From the order disallowing the claim, the appeal is taken by the executor.
1Opinion of the CourtField, J.
Terry, C. J., and Baldwin, J., concurring.
The statute requires, in general terms, claims against the estates of deceased persons to be presented to the executor or administrator within ten months after the publication of notice for the presentation of claims, and if allowed, to be then presented to the Probate Judge for his approval; but provides that where the executor or administrator is himself a creditor, the presentation shall be made to the Probate Judge in the first instance. The only difference between the claims of an executor or administrator, and those of other creditors, is that…
2Cited by3 opinions
- Estate of GrantCalifornia Supreme Court · 1935
- Connell v. TackWashington Supreme Court · 1936
- Estate of TaylorCalifornia Supreme Court · 1860