In re Estate of Swain

Citations

• 67 Cal. 637
• 8 P. 497
• 1885 Cal. LEXIS 716

Syllabus

<p>Estate of Deceased Person—Presentation of Claims not Due.—All claims against the estate of a deceased person, whether due or not, stand upon the same footing as to the time of presenting the same for allowance.</p> <p>Id.— Defective Verification.—The allowance of certain claims defectively verified sustained in a subsequent contest by the heirs.</p> <p>Id.—Account Stated. — Abalance struck upon an account may be presented as a claim against an estate without specifying the items or particulars of the account.</p> <p>Id.—Allowance—Burden of Proof.—Where claims have been allowed as presented, the presumption is that they were allowed upon vouchers and proofs satisfactory to the administrator and the court, and although the heirs may contest the allowance, the burden of proof is cast upon them.</p>