California Court of Appeal

In suit for breach of contract to make a will filed 91 days after rejection by the estate of his creditor's claim but within a year of the decedent's death, judgment dismissing complaint is reversed, where: 1) under the longstanding rule of construction that newer and more specific statutes take precedence over older and more general statutes, Code of Civil Procedure section 366.3's time limit that controls over Probate Code section 9353; thus, 2) claimant's have one year from decedent's death to file suit; and 3) plaintiff's suit is not time-barred.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel