Gay

Both of these eases involve the identical issue. Plaintiff William G. Straube is the nephew, and plaintiff Suzanne Gay is the niece, of William Boering Straube, deceased, and each was bequeathed $2,000 by the uncle’s will, and each was awarded that sum by a decree of distribution. Defendant Evelyn Straube is the duly appointed executrix of the deceased’s estate.

Before the trial court each side sought summary judgment. The plaintiffs prevailed, and the defendant appealed.

Upon appeal to the Appellate Department of the Superior Court of Los Angeles County the judgments were affirmed.

This court ordered these cases transferred to it for hearing and decision upon the certification of said appellate department that such transfer appeared necessary to secure uniformity of decision and to settle an important question of law. (Cal. Rules of Court, rules 62, 63.)

Plaintiffs sue the executrix for legacies awarded them by a decree of distribution. The decree became final more than four years but less than ten years before the complaint was filed. In opposing motions for summary judgment the question is one of law: What statute of limitations governs this cause of action?

The ten-year…