EXECUTORS AND ADMINISTRATORS-RIGHT OF CREDITORS OF A DECEDENT TO RECOVER FROM DISTRIBUTEES AFTER THE ESTATE IS CLOSED

Authors

Abstract

A recent California decision suggests a problem of some difficulty in the administration of decedents' estates. In Dabney V. Dabney, it appeared that a decedent had, in his lifetime, contracted to pay the plaintiff $100 and $350 respectively, monthly, as long as plaintiff should live, according to the terms of two contracts. In distributing the estate the court, as provided in the California Probate Code, had set aside a sum of money for the purpose of paying these monthly installments. The estate was then distributed, defendant herein being the principal distributee. On February 17, 1941, there remained only $216 of the original fund for the payment of these installments. Plaintiff thereupon brought this action against defendant as the principal distributee of the estate to recover the unpaid amount of her claim. Reversing a judgment for the plaintiff, the court held that the determination of the probate court in allowing claims of this sort and in making distribution was final, and could not be attacked in an action such as this.

Recommended Citation

EXECUTORS AND ADMINISTRATORS-RIGHT OF CREDITORS OF A DECEDENT TO RECOVER FROM DISTRIBUTEES AFTER THE ESTATE IS CLOSED, 41 Mich. L. Rev. 920 (1943).
Available at: https://repository.law.umich.edu/mlr/vol41/iss5/9