Pierce v. Johnson, Exr.

The sole question presented by the demurrer is whether Section 10509-133, G-eneral Code, fixing the period of limitation for the commencement of actions on claims disallowed by an executor or administrator, applies to unliquidated claims for damages arising out of tort.

The appellee contends that since the action was not commenced within two months after February 27, 1937, the date upon which the claim was rejected, it is barred by the provisions of Section 10509-133, General Code.

The appellant contends, however, that since his claim arises out of tort, it is a contingent claim; that under the…