Smith v. Furnish

Citations

• 70 Cal. 424
• 12 P. 392
• 1886 Cal. LEXIS 806

Syllabus

<p>Estate oe Decedent—Services oe Married Woman — Claim eor— Presentation oe — Judgment.—A claim against the estate of a deceased person for services rendered by a married \woman while living \with her husband is community property, and should be presented to the personal representatives of the decedent in the name of the husband. But where such a claim, verified by the wife, is presented in her name by ° the husband, and is rejected, and an action is subsequently brought thereon by the husband and wife, a judgment in favor of the plaintiffs will not he reversed on account of the informality in the manner of the presentation.</p> <p>Id. — Bequest in Payment oe Services—Renunciation oe by Legatee — Election. —The action was brought to recover the value of services rendered by one of the plaintiffs as nurse to a deceased person. The decedent by his will bequeathed to the plaintiff a sum of money in consideration and in payment for the care and attention of the plaintiff during his last sickness. Held, that the action was a renunciation of the bequest, and an election by the plaintiff not to rely upon it as a payment for the services.</p>