In re Murdock's Estate

The executors of the last will and testament of William Murdock, deceased, filed their first annual account in the superior court of Glenn county, and one Mary Helen Murdock, claiming to be a creditor of said estate, filed exceptions thereto, and the executors appeal from the order made upon the hearing of said exceptions. After publication of notice to creditors, Mary Helen Murdock presented to said executors a claim against said estate upon an alleged promissory note purporting to have been made by said testator on September 5, 1877, for the sum of $100,000, payable to her order twenty years after date, “with interest at one per cent per month from date until paid.” This claim was presented August 22, 1894, and was not then due. The executors held said claim for ten days without allowing or rejecting it, whereupon said claimant elected to consider the claim rejected and brought suit thereon, but dismissed it shortly afterward.

The question principally discussed by counsel for appellants concerns the right of said claimant to contest said account, it being contended that the presentation of her claim did not comply with the requirements of section 1494 of the *71 Code of Civil…