In re Estate Nerac

Citations

• 35 Cal. 392

Syllabus

<p>Eight to sue a Person Confined in the State Prison.—A creditor whose debtor is imprisoned in the State Prison for a term less than his natural life, may sue and subject the property of such debtor to the satisfaction of his debt, during the term of his imprisonment.</p> <p>Effect, Civilly, of Conviction for Felony. — The forfeitures and disabilities imposed by the common law upon persons attainted of felony, are unknown to the laws of this State. No consequences follow a conviction of felony, except such as are declared by statute.</p> <p>Power of Probate Court over Estate. — The Probate Court can do no more than pay the claims against the estate and distribute the remainder among the heirs and devisees. It has no power to appropriate the share of an heir or devisee to the payment of his debts, even if the debt is in judgment and the devisee is in the State Prison under a conviction for a felony.</p> <p>Garnishment of Money in Hands of Administrator.—After the decree of distribution money in the hands of the administrator, distributed to an heir or devisee, may be garnished by a creditor of the distributee, or may be reached by proceedings supplementary to execution.</p> <p>Effect of Imprisonment for Felony.—One sentenced to the State Prison for a felony, for a term less than his natural life, is not dead in law. His civil rights in some matters are suspended, but the rights of his creditors are not suspended.</p>