Force v. Sanderson

WELLS, Judge.

Although there may be a factual issue in this case as to whether defendant’s testator died before or during the collision of his automobile, that issue is not determinative of this appeal. Plaintiffs contend their action is not barred by reason of their failure to file their claims against Dawson’s estate within six months of the date of the first publication of defendant’s notice to creditors, or, within six months after the date the claim arose. The applicable statute is G.S. 28A-19-3, as that statute was worded in 1977, as follows:

§ 28A-19-3. Limitations on presentation of…