In re Estate of Halleck

Citations

• 49 Cal. 111

Syllabus

<p>Claim Against an Estate.—The claim which the creditor of an estate may have against the executor, by reason of his acts or omissions as executor, is one which becomes fixed in the life-time of the executor, and is not contingent on the fact that the estate may prove insolvent on an account taken after the death of the executor, and, in the event of his death, such claim must be presented for allowance to the-administrator of his estate within the time fixed in the notice to creditors.</p> <p>Opposition to Distribution of an Estate.—One who files an opposition to the settlement of the final account of an executor, and to a decree of distribution, on the ground that he has a contingent claim against the estate, must state in his opposition facts showing that such claim exists. It is not sufficient for him to aver that for certain reasons he has been unable to determine whether such claim exists, and that upon the happening of a certain event it may exist.</p>