Medros v. Kohn

BURROUGHS, J.,

pro tem.

Defendant appeals from a judgment rendered against him in the sum of $564.95. The facts, in so far as they are material to the decision of this appeal, are as follows: The defendant was appointed the administrator of the estate of his deceased wife. He returned to the court an inventory of the property of the estate showing the value thereof to be $4,550, and he also published notice to the creditors to present their claims against the estate. In due time claims covering the expenses of the last illness of deceased, and also her funeral expenses, were presented. The claims covering the expenses of the last illness were allowed in part and the claim for funeral expenses was allowed in full.

While the proceedings in probate were pending and after the presentation of the above-mentioned claims and after the allowance of the claim for funeral expenses, the defendant commenced an ,action against the other heirs of his deceased wife to have it decreed that he was the sole owner of all of the property of his deceased wife. Such proceedings were had in that action that judgment was duly entered therein in favor of the defendant and on appeal the judgment was affirmed.

(Kohn

v.

Kempner,

59 Cal. App. 621 [211 Pac. 805].) The effect of the judgment was to divest the estate of his deceased wife of all of its assets.

After the commencement of the action of

Kohn

v.

Kempner, supra,

this action was instituted to recover from the defendant, on his individual liability, the aforementioned expenses of the last illness and funeral expenses of his deceased wife.

It is claimed by the appellant that the effect of the presentation, allowance, and filing of the claims against the estate of the deceased wife operated as a judgment in favor

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