Nelson v. Nelson

The plaintiffs brought suit against the administratrix of their father’s estate, under the provi sions of section 1572 of the Code of Civil Procedure, as it then existed, to recover liquidated damages for the fraudulent sale of a dwelling-house belonging to the estate. The court held that the plaintiffs’ claim was waived by a subsequent execution of a disclaimer of all interest in the property of the estate. Prom the judgment, which was accordingly rendered against the plaintiffs, they have appealed.

Thomas E. Nelson died intestate, leaving surviving him his widow, Andrea Nelson, and four children." These children are the appellants herein. Among other properties which were possessed by the deceased at the time of his death, was a dwelling-house at number 1222 Third Avenue in Los Angeles, which is involved in this suit. This residence was the separate property of the deceased. Andrea Nelson was his second wife and the stepmother of the appellants. Upon proceedings duly had, she was appointed and qualified as administratrix of the estate of Thomas E. Nelson. The dwelling-house was originally appraised at a valuation of $17,500. It was subsequently re-appraised for the purpose of…