Paterson v. Schmidt

Citations

• 111 Cal. 457
• 44 P. 161
• 1896 Cal. LEXIS 606

Syllabus

<p>Estates of Deceased Persons—Notice to Creditors—Time for Pre= . SENTATION OF CLAIMS—INVENTORY—VALUE OF ESTATE—PAROL EVIDENCE.—Athough the administrator of the estate of a deceased person estimated the value of the estate at less than ten thousand dollars, which was also subsequently shown by the inventory and appraisement of the estate, and in his notice to creditors required them to present their claims within four months, yet iu an action upon a rejected claim presented after that period had elapsed, there having been no decree of due publication of notice to creditors, and no judicial determination of the value of the estate, the plaintiff may show by oral evidence that the value of the estate at the time of the first publication of the notice was more than ten thousand dollars, and that he was therefore entitled to the period of ten months within which to present his claims.</p>