California, United States of America
The following excerpt is from Hatch v. Bush, 215 Cal.App.2d 692, 30 Cal.Rptr. 397 (Cal. App. 1963):
In Chapman v. Pitcher (1929) 207 Cal. 63, 276 P. 1008, the trial court sustained a demurrer, without leave to amend, to a complaint alleging a contract between an attorney and the executors for services to be rendered by him to them and the estate. In affirming the action of the trial court, the appellate court pointed out that prior to 1905 the attorney had no claim that he could enforce against the estate as he was not a person interested in the estate. But, by the amendments in that year of sections 1616 and 1619, Code of Civil Procedure (the substance of which now appears in section 911, Probate Code) the attorney now has an an interest in the estate to the extent of his compensation for services rendered to the administrators and the estate. The court then pointed out that the attorney had failed 'to observe the procedure prescribed by statute, which is necessary to establish a claim or demand against an eatate of a deceased person, nor was an action commenced against the estate to establish the demand, here attempted to be enforced by personal action against the defendants.' (p. 69, 276 P. p. 1011.)
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