Oberlack v. Trusas

The administrator of the estate of William Denis Trusas, deceased, has appealed from a judgment of $2,771.37, in favor of the plaintiff for the unpaid principal and interest on two promissory notes, together with attorney’s fees. The creditor^ claim, upon which the action was founded, was not filed within six months “after the first publication of the notice,” as required by section 700 of the Probate Code. The trial court held that the time for filing claims was extended under section 702 of that code because the affidavit required by the last mentioned section inadvertently stated that the…