Estate of Girard

DOOLING, J.

Appellant presented a creditor’s claim to the executrix of the will of Frank A. Girard for money advanced in the sum of $51,771.49. The claim was allowed and approved by the executrix on March 10, 1950, and by the probate judge on March 14,1950, for the full amount claimed. It was ordered paid by an order of the probate judge made

[204]

and entered on October 20, 1950, and the principal sum of $51,771.49 was paid to appellant on October 24, 1950, pursuant to said order.

Appellant demanded interest at the statutory rate of 7 per cent per annum from the date of the allowance and approval of his claim and his receipt of the principal sum was agreed to be without prejudice to his assertion of this demand. He has appealed from the order for payment and from the later decree settling the executrix’ final account and distributing the estate.

An affidavit of Ira S. Solomon contains the averment "That for many years George W. Lewis (appellant) and decedent had assisted each other financially . . . and when either party loaned to the other any sums of money ... it was distinctly understood, and it was the custom, that neither party would pay to the other party any interest. ...” No demand for interest was made in the creditor’s claim presented to the executrix and it is not claimed on appeal that the indebtedness was an interest-bearing one.

The only question presented to us is whether a non-interest-bearing debt of a decedent bears interest at the statutory rate from the date of the allowance and approval of the creditor’s claim. We have concluded that under the existing statutory law it does not.

Appellant relies on

Estate of Glenn,

74 Cal. 567 [16 P. 396];

Estate of Cummins,

143 Cal. 525 [77 P. 479]; and

Estate of Mallon,

3 Cof. 125. The basic case is

Estate of Glenn, supra,