Luco v. Commercial Bank

Citations

• 70 Cal. 339
• 11 P. 650
• 1886 Cal. LEXIS 790

Syllabus

<p>Estate of Decedent—Specific Performance—Contract for Sale of Land—Judgment against Executor after Resignation—Heirs not Bound.—Where an action for the specific performance of a contract for the sale of land is brought against a defendant as the executor of the will of the deceased vendor after the resignation of his executor-ship has been accepted by the Probate Court, and without joining the heirs of the deceased, a judgment rendered therein against him as executor does not bind the heirs.</p> <p>Id. — Order Accepting Resignation of Executor—Presumption of Regularity.—An order of the Probate Court accepting the resignation of an executor and discharging him from his trust is presumed to be regular, and cannot be collaterally attacked.</p>