CARL H. ANDERSON et al., Appellants, v. JOHN V. McNALLY, as Administrator, etc., Respondent
150 Cal. App. 2d 778 · 9058
California Court of Appeal · Filed
Holding
The court held that a general demurrer based on the statute of limitations under Probate Code section 714 was improperly sustained because the amended complaint did not affirmatively show on its face that the action was time-barred, as the plaintiffs were not required to plead around the defense by alleging timely filing within three months of notice of rejection.
Statutes construed
- PROB ยง 714
Cited by (2)
- WILLIAM R. SCHIRMER, as Administrator with the Will Annexed, etc., Respondent, v. RUTH E. LYBACK, as Administratrix, etc., Appellant (1961) 193 Cal. App. 2d 807
- 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
Authorities cited (2)
- MINNIE C. LOBROVICH, Appellant, v. HELEN GEORGISON, as Executrix, etc., Respondent 144 Cal.App.2d 567
- Kagee v. Bencich 27 Cal.App.2d 469