Estate of Halleck

Good Law
1 Myrick 46
Superior Court of California, County of San FranciscoJune 16, 1873No. 4615California1,205 words

Opinion

lead Opinion

Bartlett, J.

This is on proceeding for the settlement and distribution, according to the will, of the estate of General H. W. Halleck, late of the U. S. A. The usual statutory proceedings for administration have been had, notice to creditors has been given, and the time for presentation of claims has expired, all claims presented have been paid, and the estate is now ready for distribution, unless the distribution should be postponed for the reasons hereinafter stated.

The estate of J. L. Folsom, deceased, has been pending in this Court some nineteen years, and is still unsettled. General Halleck was, until his death, one of the executors of the will of Folsom. Claims against the estate of Folsom were allowed and approved, which, with the interest, amount to large sums, and are still unpaid. The creditors of the Folsom estate now claim that they, as such, have contingent claims against the Halleck estate, alleging maladministration by Halleck of the Folsom estate; that they have the right to present the same at any time before distribution, notwithstanding ten months have elapsed; and that the distribution of the Halleck Estate should be deferred until an investigation can be had and the…

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