In re Estate of Schroeder

Citations

• 46 Cal. 304
• 1873 Cal. LEXIS 177

Syllabus

<p>Contesting Probate Sale of Real Estate. — One who does not claim any interest in real estate cannot contest an order of the Probate Court directing it to be sold to pay the debts of the estate.</p> <p>Idem.—The question not decided whether a person who, after the death of the testator, has bought real estate left by him from the devisee, can contest an order of the Probate Court directing the sale of the same to pay the debts of the estate, so long as he holds possession of it adversely to the administrator, and refuses to account for the rents and profits.</p> <p>Filing Claims Against Estates in Probate Court. — The sections of the Probate Act requiring judgments against administrators, and claims against the estate which have been allowed, to be filed in the Probate Court, are merely directory.</p> <p>Amendment to Judgment. — If a personal judgment is rendered against an administrator, and it appears by the record that the judgment should have been made payable in due course of administration, the Court may direct the judgment to be amended so as to make it correct, even after the adjournment of the term.</p> <p>Court Mat Correct Errors After the Term.—The Court has power to correct clerical errors and misprisions, even after the expiration of the term.</p> <p>Statute of Limitations as to Claims Against Estate.—The Statute of Limitations does not run, while the administration is pending and unsettled, as to a claim against an estate which has been allowed, nor as to a judgment which has been recovered against an administrator or an executor for a debt of the estate.</p> <p>Judgment Against Administrator as Evidence.—In an application to the Probate Court to sell real estate to pay the debts of the estate, a judgment recovered against the administrator is prima facie evidence of the indebtedness of the estate, as against the devisee of the real estate, or his grantee.</p>