Fifield

The action is brought by plaintiff against the executor of the last will and testament of Henry William Hedemann, deceased, to recover the amount of a claim on a debt owing by decedent to claimant, which was rejected and disallowed by the executor. The original complaint in the action was filed on the eighth day of September, 1923. The case came on for trial upon the issues presented by the amended complaint and the answer thereto. Upon the facts established by the evidence produced at that time, the court dismissed the action upon the ground that the action was barred by the provisions of section 1498 of the Code of Civil Procedure.

Sections 1490, 1491a, and 1492 of the Code of Civil Procedure are likewise pertinent to the discussion of the stated grounds of the present appeal. It is required (section 1490) that the executor publish a notice to creditors requiring presentation of their claims. This publication must be made not less than once a week for four weeks. Section 1491a reads as follows: “Within thirty days after the first publication of notice to creditors, the executor or administrator must file or cause to be filed in the court a printed copy of said notice to…