Dabney v. Dabney

54 Cal. App. 2d 695 ·

California Court of Appeal · Filed October 2, 1942

Published · citable Cited by 2

Holding

The court held that a final decree of distribution in probate proceedings constitutes a conclusive adjudication barring a subsequent action by a creditor to subject a distributee’s property to an unpaid claim, where the creditor had appeared and objected to the petition for distribution and had the opportunity to seek relief under Probate Code section 953 but failed to appeal the adverse ruling.

Statutes construed

PROB § 1020
PROB § 300
PROB § 700
PROB § 707
PROB § 714
PROB § 730
PROB § 953
PROB § 956

Cited by (2)

Estate of VERE CHASE MORRIS, Deceased. HELEN H. BRIDGE et al., Appellants, v. WELLS FARGO BANK (a Corporation) et al., Respondents (1959) 173 Cal. App. 2d 676
GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent (1961) 192 Cal. App. 2d 105