Kagee v. Bencich

27 Cal. App. 2d 469 ·

California Court of Appeal · Filed July 7, 1938

Published · citable Cited by 1

Holding

The court held that a beneficiary seeking recovery of personal property wrongfully held by an executor in her individual capacity is not required to file a creditor's claim against the estate; that the action for conversion was supported by sufficient evidence; and that the statute of limitations did not bar the claim, as the defendant waived the defense and the cause of action did not accrue until her unequivocal repudiation of the plaintiff's right to the property.

Cited by (1)

CARL H. ANDERSON et al., Appellants, v. JOHN V. McNALLY, as Administrator, etc., Respondent (1957) 150 Cal. App. 2d 778