In re Mouillerat's Estate
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Proceedings by creditors to contest an allowed ^ claim against an estate. The contested claim was disallowed by Armstrong, J. Statement of the case by the justice delivering the opinion: Nixon and Crave, creditors of the estate, protested against the allowance of the claim of Mendenhall, a creditor. The district court sustained the protest, and disallowed the Mendenhall claim. Mendenhall and the administrator appeal.
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Appeal from Ninth Judicial District, Gallatin County. Proceedings by creditors to contest an allowed ^ claim against an estate. The contested claim was disallowed by Armstrong, J. Statement of the case by the justice delivering the opinion: Nixon and Crave, creditors of the estate, protested against the allowance of the claim of Mendenhall, a creditor. The district court sustained the protest, and disallowed the Mendenhall claim. Mendenhall and the administrator appeal. The administrator, J. P. Martin, filed his final account April 20, 1891. This account contains, among others, a list of…
1Dissent
Harwood, J.,
dissenting.—Appellant Mendenhall presented his claim against the estate of Mouillerat, and the same was approved by the administrator and duly allowed by the court. (Probate Practice Act, §§ 153, 154.) About one year thereafter, when the administrator presented his final account for settlement, certain other creditors of said estate set up a contest of appellant’s claim, on the ground that it was barred by the statute of limitations. The court sustained said objection, whereby appellant was denied payment of his claim out of the funds of said estate. The claim was for money…
2Cases cited7 opinions
- Beckett v. SeloverCalifornia Supreme Court · 1857
- In re the Estate of LosheCalifornia Supreme Court · 1882
- In re McFarland's EstateMontana Supreme Court · 1891
- Weihe v. StathamCalifornia Supreme Court · 1885
- Magraw v. McGlynnCalifornia Supreme Court · 1864
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