Bank of Am. Nat'l Tr. & Sav. Ass'n v. Gesler

Plaintiff appeals from a judgment of dismissal following an order sustaining a demurrer without leave to amend.

The sole point involved is whether an action may be maintained against a decedent’s personal representative upon an unverified claim. We hold that the provisions of section 705, Probate Code, require that a claim must be verified, and that no equitable considerations are present here that would permit of an exception to that rule.

Edward M. Gesler died on March 5,1965.

After the qualification of an administratrix, notice to creditors was first published on September 4, 1965, and the…