Tynan v. Kerns

Citations

• 119 Cal. 447
• 51 P. 693
• 1897 Cal. LEXIS 917

Syllabus

<p>Estates of Deceased Persons—Time fob Notice to Cbeditors—Alleged Fraudulent Undervaluation—Equitable Action by Créditos after Distribution—Laches—Means of Knowledge.—A complaint in an equitable action brought by a creditor of the estate of a deceased person, after the final settlement and distribution of the estate, to annul all proceedings in the matter of the estate, subsequent to the return of the inventory, and to compel the administratrix to allow the plaintiff’s claim, upon the ground that the estate had been fraudulently undervalued, and that the notice to creditors should have been published for ten months, instead of four months, and alleging that plaintiff had no actual or constructive notice of such undervaluation, or of the proceedings for the settlement of said estate, but not alleging ignorance of the death of the decedent, nor of the appointment of the administratrix, nor of the inventory filed, does not state a cause of action; but the plaintiff, notwithstanding the allegation to the contrary, is chargeable with constructive notice of the proceedings, and, having had sufficient means of knowledge of the alleged undervaluation to be put upon inquiry, is chargeable with inexcusable laches, in not obtaining relief, if a fraud was being perpetrated, before the final settlement of the estate.</p>