Dohs v. Dohs (1882) · DecisionDepot

Dohs v. Dohs

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Mar 22, 1882 No. No. 7,122Published

Before: McKinstry

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Holding. The court held that an executor remains legally responsible for an estate until a formal decree of discharge is entered, and that the statute of limitations does not run against allowed claims while estate settlement proceedings are pending.

Issues

Does the trust of an executor continue until a formal decree of discharge is entered?
Does the statute of limitations affect claims against an estate while settlement proceedings are pending?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Until the entry of such a decree “ the trust still continues in contemplation of law, and the executor remains clothed with the duty and authority of his office.””

“No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate.”

Synopsis

Estates oe Deceased Persons—Final Distribution—Definition— Pendency oe Administration—Claims Against Estate—Statute oe Limitations.—Until the entry of a decree discharging the executor or administrator, the administration of the estate is still pending, and until then (under C. C. P. § 1569) no claim against the estate which has been presented and allowed is effected by the statute of limitations.

McKinstry, J.: Section 1697, of the Code of Civil Procedure, provides: “When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the Court, [260]all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Court must make a judgment or decree discharging him from all'liability to be incurred thereafter.” Until the entry of such a decree “ the trust still continues in contemplation of law, and the executor remains clothed with the duty and authority of his office.” (McCrea v. Haraszthy, 51 Cal. 146,151.) Until the entry of such a decree the estate is not settled. “No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate.” (C. C. P., 1569.) This last clause is sweeping, and includes every claim “presented and allowed.”

Judgment affirmed.

Ross and McKee, JJ., concurred.

Dohs v. Dohs

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