City of Los Angeles v. McNeil

Decedent Thomas A. McNeil was killed when his plane crashed into a portion of the plaintiff city’s electrical system. Appellant city presented its claim for damages to its system to defendant J. Kenerson McNeil, as administrator of decedent’s estate as required by Probate Code, section 707. The claim was rejected but suit was not filed thereon within the three months’ period prescribed in Probate Code, section 714, for claims “then due.” Judgment followed for the administrator, and the city of Los Angeles appeals, urging that the three months’ limitation for suit upon a rejected claim under…