Berger v. O'HEARN

I dissent.

I disagree with the construction placed, by the majority, upon the statutes in question. In the main, that construction is based upon the old case of Barclay v. Blackinton, 127 Cal. 189 [59 P. 834], which was decided in 1899 before the amendment to section 1498 (now Prob. Code, § 714) of the Code of Civil Procedure.

The chronology of the factual situation as disclosed by the record is as follows:

The obligation here involved was incurred shortly prior to December 6, 1945.

The defendant died in July, 1947.

Letters of administration were issued on his estate in August, 1947.

Plaintiff’s…