Ellis v. Polhemus

Citations

• 27 Cal. 350

Syllabus

<p>Rate of Interest on Claims against Insolvent Estates.—If the estate of the deceased is insolvent, the administrator cannot pay more than ten per cent interest per annum, from and after the time of issuing letters, on any claim against the estate contracted after May 20th, 1861, even if the rate of interest specified in the contract is more than ten per cent per annum, and the claim is secured by a mortgage. Claim against an Estate.—Per Sanderson, G. J.—The word “claim” as used in the Act concerning the estates of deceased persons, when it speaks of claims against an estate, is broad enough to include a mortgage.</p> <p>Cases Commented on.—The cases of Fallon v. Butler, 21 Cal. 24, and Filiasen v.</p> <p>JBalleck, 6 Cal. 386, and Faulkner v. Folsom’s Executors, 6 Cal. 412, commented on. Per Rhodes, J.—A note secured by mortgage is a claim against the estate, but the mortgage given to secure the note is not such claim.</p> <p>Per Shafter, J., Sawyer, J., concurring.—The word “ claim,” as used in the one hundred and thirty-first section of the Act concerning the estates of deceased persons, includes mortgages as well as claims at large against the estate.</p>