Thomas

Bank of America v. Thomas

Good Law
1936 Cal. LEXIS 608·7 Cal. 2d 154·59 P.2d 990
Supreme Court of CaliforniaJuly 31, 1936Sac. 5011California465 words

Opinion

Opinion

Waste, J.

Plaintiff presented to the defendant, as administratrix of the estate of her deceased husband, two claims based on promissory notes secured by mortgage. No action being taken by the administratrix, plaintiff elected to regard the. claims as rejected, and brought suits to recover the amounts alleged to be due. The trial court held the claims were barred by the statute of limitations, and gave judgment for the defendant. Plaintiff has appealed.

The principal, and only material, question for consideration, based on the facts is: Did the failure of the administratrix to give notice to creditors of this estate toll the general statute, of limitations as against obligations that matured after the death of the intestate %

Appellant’s bill of exceptions notes no exception to the evidence in any particular, and contains no specification of error' in regard to the evidence. We therefore give only a synopsis of the facts necessary to a conclusion of the legal question just stated. The decedent died February 4, 1925. His wife was duly appointed and qualified as administratrix of the estate, but did not publish notice to creditors. The two notes, subjects of the claims presented, were…

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