Haberly
Haberly v. Haberly
Opinion
lead Opinion
The plaintiff in this action recovered a judgment against the defendant as the administrator of the estate of George W. Haberly, deceased, in the sum of eight hundred dollars, with interest thereon from the twenty-ninth day of March, 1901. George W. Plaberly died in the city and county of San Francisco on the fifth day of December, 1910. Thereafter, on March 11, 1911, his brother, William T. Haberly, was appointed administrator of his estate with the will annexed. Prior thereto, to wit, on the twenty-fourth day of January, 1911, William T. Haberly had been appointed as the guardian of the person and estate of his mother, Rose Haberly, an insane person. On August 31, 1911, William T. Haberly, as guardian of Rose Haberly, presented to the judge of the superior court in which the estate of George W. Haberly, deceased, was pending for probate, a claim in the sum sued for, which claim was rejected by the judge. On November 29, 1911, William T. Haberly, as guardian of Rose Haberly, instituted an action on the rejected claim in the estate which he represented as administrator. Demurrers to the complaint and an amended complaint in the action were sustained, and subsequently one B. T.…