RUBIN LEWIS, Individually and as Trustee, etc., Cross-complainant and Appellant, v. TILLIE O'BRIEN, Individually and as Administratrix, etc., Cross-defendant and Respondent

248 Cal. App. 2d 628 · 23377

California Court of Appeal · Filed February 20, 1967

Published · citable Cites 4

Holding

The court held that a personal representative who deposits funds to satisfy a judgment owes only one enforceable obligation at the time of payment, where the judgment against the estate has not yet been ordered paid in due course of administration, and therefore the creditor was not entitled to apply the payment to the estate's debt under Civil Code section 1479.

Statutes construed

CIV § 1479
PROB § 709
PROB § 713
PROB § 730

Authorities cited (4)

Grisingher v. Shaeffer 25 Cal. App.2d 5
A. F. LEVY, Appellant, v. NATIONAL AUTOMOBILE & CASUALTY INSURANCE CO. (a Corporation), Respondent 86 Cal.App.2d 632
Hilton v. McNitt 49 Cal.2d 79
ALMA L. PELSER, Respondent, v. LOU REIDA PELSER, as Administratrix, etc., Appellant 177 Cal.App.2d 228