Melone v. Davis

Citations

• 67 Cal. 279
• 7 P. 703
• 1885 Cal. LEXIS 617

Syllabus

<p>Estate of Decedent—Action to Eecovee Distributive Share—Defendant Individually Liable. — An action to recover the amount distributed, to the plaintiff by the decree of distribution in the estate of a decedent should he brought against the defendant individually, and notinhis representative capacity.</p> <p>Id.—Demand Need not be Alleged.—In such an action the complaint need not allege a demand on the defendant as executor or administrator. The action itself is a sufficient demand.</p> <p>Id.—Interest—Taxes.—An administrator who neglects to pay over to a distributee the amount awarded him by the decree of distribution, is liable for legal interest thereon from the time payment was ordered, and is not entitled to reimbursement for taxes subsequently paid by him on the distributive share.</p>