Estate of Moore

Foley & Foley and James W. Foley for Objector and Appellant.

Campbell, Warburton, Britton, Fitzsimmons & Smith and R.C. Ackerman for Petitioner and Respondent.

OPINION

TAYLOR, P.J.

On this appeal from an order overruling objections to the first and final account and petition for final distribution filed by the executrix of the estate of John Moore, the major questions are whether the trial court properly concluded that objections to the final account are not a proper method for contesting the rejection of a claim and that in any event, the action is barred by the special statute of limitations of Probate Code section 714. For the reasons set forth below, we have concluded that the trial court's rulings were correct and that this appeal must be dismissed as it was taken from a nonappealable order.

The facts were found as follows by the court below: On April 1, 1963, John W. Moore executed a promissory note payable on demand to Anne M. Lachmund, his mother, for $64,000, with 5 percent interest. John Moore died on January 9, 1965. His will was admitted to probate on February 16, 1965, and his widow, Judith Moore, appointed as executrix. Notice to creditors was published between…