Dohs v. Dohs

California Supreme Court

Dohs v. Dohs

60 Cal. 255, 1882 Cal. LEXIS 437

CourtCalifornia Supreme Court

DecidedMarch 22, 1882

DocketNo. 7,122

StatusPublished

Cited by5 cases

This text of 60 Cal. 255 (Dohs v. Dohs) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dohs v. Dohs, 60 Cal. 255, 1882 Cal. LEXIS 437 (Cal. 1882).

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Opinion

McKinstry, J.:

Section 1697, of the Code of Civil Procedure, provides: “When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the Court, [260]*260all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Court must make a judgment or decree discharging him from all'liability to be incurred thereafter.” Until the entry of such a decree “ the trust still continues in contemplation of law, and the executor remains clothed with the duty and authority of his office.” (McCrea v. Haraszthy, 51 Cal. 146,151.) Until the entry of such a decree the estate is not settled. “No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate.” (C. C. P., 1569.) This last clause is sweeping, and includes every claim “presented and allowed.”

Judgment affirmed.

Ross and McKee, JJ., concurred.

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McKinstry, J.:

Section 1697, of the Code of Civil Procedure, provides: “When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered up, under the order of the Court, [260]*260all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the Court must make a judgment or decree discharging him from all'liability to be incurred thereafter.” Until the entry of such a decree “ the trust still continues in contemplation of law, and the executor remains clothed with the duty and authority of his office.” (McCrea v. Haraszthy, 51 Cal. 146,151.) Until the entry of such a decree the estate is not settled. “No claim against any estate which has been presented and allowed is affected by the statute of limitations, pending the proceedings for the settlement of the estate.” (C. C. P., 1569.) This last clause is sweeping, and includes every claim “presented and allowed.”

Judgment affirmed.

Ross and McKee, JJ., concurred.

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Bluebook (online)

60 Cal. 255, 1882 Cal. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dohs-v-dohs-cal-1882.

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