Estate of Badivian

Robert E. Mitchell for Claimant and Appellant.

Svenson & Garvin, John F. Garvin and Christopher Jones for Defendants and Respondents.

OPINION

DUNN, J.

According to the clerk's transcript, which is the only record before us, Rose Badivian died February 2, 1967, leaving her estate to her two sons, Arthur L. Manaselian and Norman Badivian. Each son became entitled to receive $7,362.43 from the estate, which was probated in the Los Angeles County Superior Court. This appeal involves the trial court's determination of priorities between judgment creditors levying on the legacy of Arthur Manaselian, only.

The court found that John and Christine Johnson obtained a $5,000 judgment against Arthur Manaselian and his then wife, Florence Manaselian, on December 24, 1958. [1] On February 29, 1968, the Johnsons caused a writ of execution to issue on their judgment which, with accruals, then amounted to $8,221.08. A copy of the writ of execution [2] and a notice of attachment were filed with the Clerk of the Los Angeles County Superior Court on March 7, 1968, and both were served, in compliance with Code of Civil Procedure section 561, on Arthur Manaselian, as administrator C.T.A. of his…