Clement v. Nelson
Supreme Court of Alabama
Appeal from Probate Court of Dallas. Tried before Hon. John F. Conoley. This was an appeal from the decree of the probate court rejecting certain claims against the insolvent estate of N. J. Ogletree, on a partial settlement and distribution thereof. On the 12th day of December, 1868, appellant filed her claim, which was properly verified, (which had been previously presented to the administrator), in the office of the judge of probate.
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Appeal from Probate Court of Dallas. Tried before Hon. John F. Conoley. This was an appeal from the decree of the probate court rejecting certain claims against the insolvent estate of N. J. Ogletree, on a partial settlement and distribution thereof. On the 12th day of December, 1868, appellant filed her claim, which was properly verified, (which had been previously presented to the administrator), in the office of the judge of probate. It was duly marked, filed, and endorsed by the probate judge, and entered upon the docket of claims against estates, &c. This claim was the only one filed in…
1Opinion of the CourtPetees, J.
This case involves a construction of section 2196 of the Eevised Code. That section is in these words: “ Every person having any claim against the estate declared insolvent, must file the same in the office of the judge of> probate, within nine months after such declaration, or after the same accrues, verified by the oath of the claimant, or some other person, who knows the correctness of the claim and that the same is due, or it is barred forever ; but when a claim is filed by an executor or administrator, guardian or other trustee, it may be verified by affidavit of such executor,…
2Cited by1 opinion
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