Jacobson v. Mead

12 Cal. App. 2d 75 ·

California Court of Appeal · Filed February 21, 1936

Published · citable Cited by 1

Holding

The court held that the plaintiffs' action for rescission and restitution was fatally defective for two independent reasons: the failure to file a claim against the decedent's estate as required by the Probate Code and the application of the statute of limitations, which the estate's personal representatives were statutorily prohibited from waiving.

Statutes construed

PROB § 707
PROB § 708

Cited by (1)

MARJORY M. PEARSON, Individually and as Executrix, etc., Plaintiffs and Appellants, v. LALITA NORTON, Individually and as Executrix, etc., Defendants and Respondents (1964) 230 Cal. App. 2d 1