Lesser v. Pomin
3 Cal. App. 2d 117 ·
California Court of Appeal · Filed
Published · citable
Cited by 1
Holding
The court held that an executor or administrator is not personally liable for rent accruing after a testator's death on a lease that binds "heirs, executors, and administrators," unless they have taken possession and received rents and profits from the demised premises. Furthermore, a lessor's failure to file a creditor's claim against the estate for such rent bars recovery from either the estate or the testator's heirs or devisees.
Statutes construed
- CCP § 1963
- PROB § 700