Lichtenberg v. McGlynn

Citations

• 105 Cal. 45
• 38 P. 541
• 1894 Cal. LEXIS 1107

Syllabus

<p>Estates of Deceased Persons—Action upon Claim—Recovery.—In an action upon a rejected claim against the executors of the will of a deceased person, the plaintiff can only recover upon the claim presented and rejected, and is not entitled to recover against the executors for any other cause of action.</p> <p>Id.—Action for Services — Evidence — Burden of Proof—Incompetenoy of Plaintiff.—In an action upon a claim presented against the estate of a deceased person for services alleged to have been rendered within two years prior to his death, at the instance and request of the deceased person, proof must be made of the averments of the complaint, and the failure to make the proof required owing to the statutory inability of the plaintiff to testify in his own behalf does not relieve him from the necessity of producing sufficient evidence to establish his cause of action.</p> <p>Id.—Admissions of Decedent—Insufficiency of Proof.—Where the deceased and another person were interested in the sale of a railroad,evidence of admissions of the decedent, consisting of statements made by him in a settlement with his co-owner, in which he had allowed the co-owner the sum claimed by plaintiff, as a charge, to be paid by his co-owner to the plaintiff for services rendered and efforts made by plaintiff to secure money in Europe, at the instance of the co-owner, and stating that if his co-owner did not pay the commission he would pay it, is insufficient to establish the value of any services rendered for the decedent individually, and, if the obligation to pay the plaintiff was that of the co-owner, the decedent’s verbal agreement to pay it would be invalid.</p>