Paterson

Schmidt, as executor of the last will and testament of Francis A. Moore, deceased, published a notice to creditors, requiring them to present their claims against the estate within four months after the first publication. Some time thereafter an inventory and appraisement was returned, showing the value of the estate to be six thousand four hundred and eighty-five dollars and ninety-five cents. Two months after the time for. presenting claims, as prescribed in the notice to creditors, had expired, this plaintiff presented a claim to the executor for services, which claim was rejected, upon the ground (presumably) that it was not presented in time. Action was brought upon this rejected claim, and at the trial it was shown by oral evidence that the estate of the deceased at the time of the first publication of notice to creditors was of a value in excess of ten thousand dollars, and the court made a finding of fact to that effect. The court also held that the creditors had ten months within which to present their claims against the estate, and that this claim was presented in time, and rendered judgment for plaintiff.

Section, 1490 of the Code of Civil Procedure provides that every…