In re Estate of Hope

The court in probate directed the immediate payment of a claim against the estate of deceased, after a showing that the claim was upon a judgment rendered against him in his lifetime; that it bore interest; that it had been allowed and approved by the administratrix and the judge about fifteen months previously; that it was a preferred claim; that notice to creditors had been duly published and the time for presentation of claims had expired; and that there were funds in the hands of the administratrix ample for its payment and properly applicable thereto. The administratrix appeals from the order.

The only question presented by the appeal is in the language of the appellant: Has the superior court, sitting in probate, jurisdiction to make an order directing the administratrix of an estate to pay a claim, against the estate under such circumstances, no inventory hav *155 ing been made or filed, and no account of her administration ever having been filed by her or settled by the court?

The order is based upon section 1513 of the Code of Civil Procedure, which provides: “ If there be any debt of the decedent bearing interest, whether presented or not, the executor or administrator…