Acheson

August 26, 1982, Vaun D. Acheson, together with Richard F. Klawa, H. Cuyler Anderson, Noel Hildebrand and Nellis Associates, a Nevada limited partnership, executed a promissory note for $250,000 in favor of Borba Farms, Inc. and Gong Ranch (Borba). On May 7, 1983, Richard F. Klawa (Richard) died. His surviving spouse, Carol Klawa (Carol), was appointed the personal representative of his estate and in that capacity duly published notice to creditors advising all claims against the estate must be filed within four months. (Prob. Code, § 707(a).) The period for presenting claims expired November 20, 1983. During that period, Borba submitted their claim for satisfaction of Richard’s liability under the promissory note.

May 18, 1984, Borba declared the note in default and sued Acheson, Hildebrand, Anderson, and Carol, individually and as personal representative of Richard’s estate. Borba obtained a judgment against all the named defendants for the sum of $401,198.21 plus costs and attorney fees. The judgment specifically stated: “All sums paid by Defendant, Carol K. Klawa, personal representative of Richard F. Klawa, Deceased, shall be paid out of the Estate of Richard F.…