Bank of Montreal v. Buchanan

Citations

• 32 Wash. 480
• 73 P. 482
• 1903 Wash. LEXIS 443

Syllabus

<p>EXECUTORS — EXECUTION OE RENEWAL NOTES-LIABILITY OE COMMUNITY ESTATE.</p> <p>A community estate would not be rendered liable by tbe execution of renewal promissory notes by one of tbe spouses after tbe death of tbe other, whether such notes were executed in bis capacity as executor or as a survivor of tbe community.</p> <p>SAME-ACTION ON CLAIMS-LIMITATIONS.</p> <p>The limitation in § 4798, Bal. Code, against right of action upon contracts in writing after tbe expiration of six years is not extended in case of tbe death of a debtor by tbe provisions of Id., §§ 6226, 6228, requiring notice to creditors and tbe presentment of claims within one year thereafter, as tbe latter sections give that right only to claims not already barred by tbe general statute of limitations.</p> <p>SAME-BIGHT OE ACTION AGAINST DECEDENT’S ESTATE.</p> <p>An action may be commenced against tbe personal representative of a deceased debtor, even after tbe statute of limitations has run against the' debt, under Bal. Code, § 4810, which provides that “if a person against whom an. action may he brought die before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may he commenced against his representatives after the expiration of that time, and within one year after the issuing of letters testamentary or of administration.”</p> <p>SAME-QUALIFICATION OF EXECUTOB-ISSUANCE OF LETTEBS-AC-TIONS AGAINST-WHEN BAB BEGINS TO BUN.</p> <p>Under Bal. Code, § 6200, an executor is qualified to act as such and take charge of the1 estate when his bond is' filed, whether' letters testamentary have been issued or not,, and hence the running- of the year allowed by Id., § 4810, for the commencement of action against the1 executor would date • from the time of his qualification, although letters were not issued until a subsequent date.</p> <p>SAME LACHES OF CBEDITOB — -NOT EXCUSED- BY EXECUTOB'S NEGLECT</p> <p>OF DUTIES.</p> <p>The fact that an executor fai