Lewis v. Estate of Smith Etc.

Appellants filed their claim in the estate of Courtland Paul Smith, deceased, slightly more than six months after the date of the first published notice to creditors, and there is involved here the question of whether it is therefore barred.

Sec. 7-801 (a), Burns’ 1953 Replacement, provides that, with certain exceptions not applicable here, all claims against a decedent’s estate shall be forever barred unless filed with the court in which such estate is being administered within six (6) months after the date of the first published notice to creditors. As stated by Judge Bierly for this court,…