Reiter v. Rothschild

Citations

• 4 Cal. Unrep. 103
• 33 P. 849
• 1893 Cal. LEXIS 1070

Syllabus

<p>Estate of Decedent—Money Paid to Testator as Security.— Plaintiff leased property of B., and gave him $500 as security for the lease, he agreeing to pay it back on the expiration of the lease. B. died before the expiration of the lease, and H., who was appointed his executrix, filed an inventory, which recited: “Moneys belonging to said deceased which has come to the hands of the executrix . . . . $500, held as security for lease from” plaintiff. H. died after the termination of the lease. Held, that it was not necessary to present a claim for the $500 against the estate of B., but that an action might be maintained therefor against the estate of H.</p> <p>Estate of Decedent—Money Paid to Testator as Security.—In view of the sworn statement of H., the finding of the court that she had in her possession the money deposited by plaintiff is supported by the evidence, though her executor testified that he made such statement, and that as a matter of fact it was not true, but was made because they felt she was morally liable for the money.</p>