Hill v. Superior Court
16 Cal. 2d 527 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that an administrator de bonis non possesses the authority to sue a predecessor executor for the recovery of embezzled estate funds on an implied contract theory, and that such an action, based upon specific, quantified transactions, is not premature and will support the issuance of a writ of attachment prior to a formal accounting in the probate court.