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· 6/16/1873

Estate of Halleck

Citations

  • 1 Myrick 46

Syllabus

<p>Claim against Estate of Exeoutok not contingent, but absolute upon Executor’s death. If not presented within the ten months, it is barred.</p> <p>Opposition to distbibution must state that there is a liability, unsatisfied, of a certain and definite amount or nature. It is insufficient to allege that there are unsettled accounts between the deceased Executor and his trusts; it is material that on the settlement of such accounts, there is a balance due from the Executor to his trust.</p> <p>Construing section, C. C. P., 1493; affirmed, 49 Cal., 111.</p>

Judges: Bartlett, Hent, Whiting, Wright

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