Chiapella v. County National Bank & Trust Co.

California Supreme Court Mar 7, 1933 No. L. A. No. 13891Published

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Holding. A suit upon a rejected claim against an estate is a transitory civil action based on contract, not an exercise of probate jurisdiction, and therefore may be brought in a county other than where the estate is being probated.

Issues

Whether a suit upon a rejected claim constitutes an exercise of probate jurisdiction.
Whether a suit upon a rejected claim is a transitory action that may be tried outside the county of probate.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A suit upon a rejected claim is not an exercise of probate jurisdiction.”

“Such a suit is also recognized as a transitory action. It follows the person of the defendant and may be tried in a county other than that wherein the estate is being probated.”

THE COURT. The lower court dismissed this cause for want of jurisdiction.

A suit upon a rejected claim is not an exercise of probate jurisdiction. The action is. upon the contract and venue is determined as in other civil eases. (McLean v. Crow, 88 Cal. 644, 647 [26 Pac. 596] ; Gallagher v. McGraw, 132 Cal. 601 [26 Pac. 596].) Such a suit is also recognized as a transitory action. It follows the person of the defendant and may be tried in a county other than that wherein the estate is being probated. (Thompson v. Wood, ll5 Cal. 301 [64 Pac. 1080].)

The order is affirmed.

Chiapella v. County National Bank & Trust Co.

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