Keller

Keller v. Gerber

Good Law
1920 Cal. App. LEXIS 246·49 Cal. App. 515·193 P. 809
Court of Appeal of CaliforniaOctober 9, 1920Civ. No. 2214.California3,545 words

Opinion

Lead Opinion

Nicol, J.

The plaintiff and defendant are executors of the last will and testament of Conrad Iser, deceased. The said Conrad Iser died on the nineteenth day of January, 1917. His will was admitted to probate and letters testamentary issued to the said Adam Keller and John Gerber on February 6, 1917. The estate exceeds in value the sum of $10,000, and the first publication of notice to creditors was made on February 7, 1917. Two claims against the estate, the latest of which was to all intents and purposes an amendment of the first, were presented by plaintiff, and neither was allowed nor rejected within the time allowed by law. A short time after the period prescribed for allowance or rejection of claims had expired this action was commenced. The claims were for “work, labor and services rendered by claimant in caring for and nursing Conrad Iser continuously during the whole period of time commencing October 20, 1913, and ending January 19, 1917, the date of the death of Conrad Iser, a period of 169 weeks,” and othdr services rendered in caring for the business of deceased. The court did not allow anything for services rendered in caring for the business of the deceased, but rendered…

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