JOHN F. P. BYRNE et al., Plaintiffs and Appellants, v. JAMES W. HARVEY, Defendant and Respondent
211 Cal. App. 2d 92 · 20277
California Court of Appeal · Filed
Holding
The court held that a written compromise agreement concerning claims to a testamentary trust remainder, executed by an administrator solely in his representative capacity, did not create any personal contractual liability enforceable against him individually, and that the complaint failed to state a cause of action as it did not allege the fulfillment of conditions precedent to the agreement's enforceability.
Statutes construed
- CCP § 457
- CIV § 1654
- PROB § 578
Cited by (2)
- GORDON W. TREHARNE, as Public Administrator, etc., Plaintiff and Appellant, v. ROBERT A. LOFTIN, Defendant and Respondent (1984) 153 Cal. App. 3d 878
- KATHERINE FERRARIS, Plaintiff and Appellant, v. RAYMOND LEVY et al., Defendants and Respondents (1963) 223 Cal. App. 2d 408
Authorities cited (4)
- Maxon v. Jones 128 Cal. 77
- Sterrett v. Barker 119 Cal. 492
- Estate of ANNE McNALLY LIDDLE, Deceased. JAMES W. HARVEY, as Administrator, etc., et al., Appellants, v. JOHN F. P. BYRNE et al., Respondents 162 Cal.App.2d 7
- Estate of EDWARD I. COFFEY, Deceased. Estate of KATHLEEN ANN COFFEY, Deceased. GERTRUDE HOFFMAN et al., Appellants, v. JAMES W. HARVEY, as Administrator, etc., Respondent 161 Cal.App.2d 259