Farmers' Savings Bank v. Burgin
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. G-eo. F. Longan, Judge. (1) All demands against an estate must be, first, exhibited against the estate, and second, presented to the court for allowance within two years’ time from the date of the letters. R. S. 1889, secs. 187,188,194,196, 197 and 199; Nelson v. Eaeberle, 26 Mo. App. 3; Greenabaum v. Elliott, 60 Mo. 32; Price v. McCause, 30 Mo.
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Appeal from the Pettis Circuit Court. — Hon. G-eo. F. Longan, Judge. (1) All demands against an estate must be, first, exhibited against the estate, and second, presented to the court for allowance within two years’ time from the date of the letters. R. S. 1889, secs. 187,188,194,196, 197 and 199; Nelson v. Eaeberle, 26 Mo. App. 3; Greenabaum v. Elliott, 60 Mo. 32; Price v. McCause, 30 Mo. App. 627. (2) Presentment of .claim to court for allowance is offering evidence in open court in support of claim properly verified by affidavit, to do which in this case, no effort was made until long…
1Opinion of the CourtGill, J.
This proceeding originated in the probate court of Pettis county, and its object is to charge the estate of Jas. M. Jones, deceased, with the balance ■due on a note executed by one Hughes and which said *111Jones signed as security. Among other defenses the administrator interposed the two years’ statute of limitations applying to the proof of claims against the estate of deceased persons. In the circuit court, where the cause was tried on appeal, the ruling was against the estate, the claim was allowed, and the administrator appealed to this court.
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2Cases cited1 opinion
- Price v. McCauseMissouri Court of Appeals · 1888
3Cited by3 opinions
- Boone v. BooneWest Virginia Supreme Court · 1941
- Home Insurance v. WickhamSupreme Court of Missouri · 1920
- Gewe v. HanszenMissouri Court of Appeals · 1900