Gibbs v. Beckett

Walter Kennedy died intestate in 1933 survived by his widow, Bessie Kennedy, and two children. Plaintiff filed his claim against the estate in April 1939. Mrs. Kennedy was appointed temporary administratrix for the purpose of contesting the claim.

Section 11891, 1939 Code, reads:

“11891 Limitation on administration. Administration shall not be originally granted after five years from the death of the decedent, or from the time his death was known, in case he died out of the state. ’ ’

We will set out the material portions of divisions Nos. 2 and 3 of the answer filed by appellant, the temporary…