Briggs v. Estate of Thomas
Supreme Court of Vermont
Appeal from the decision of the commissioners on the estate of Henry Thomas, disallowing the plaintiff’s claim. It appeared that the plaintiff’s claim, which consisted of notes and a book account, accrued and became due in 1843; that the intestate died on the 3d of July, 1847; that immediately thereafter administrators were appointed on his estate, and also commissioners to receive, examine and adjust all claims against him, and that the 11th of February, 1848, was fixed by…
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Appeal from the decision of the commissioners on the estate of Henry Thomas, disallowing the plaintiff’s claim. It appeared that the plaintiff’s claim, which consisted of notes and a book account, accrued and became due in 1843; that the intestate died on the 3d of July, 1847; that immediately thereafter administrators were appointed on his estate, and also commissioners to receive, examine and adjust all claims against him, and that the 11th of February, 1848, was fixed by the probate court as the limit of the time for the presentation of such claims; that the plaintiff’s claim was not…
1Opinion of the CourtPoland, J.
The general statute of limitations, applicable to the claim of the plaintiff, bars a recovery after six years.
The 15th section of our statute of limitations provides, that, when a debtor dies, the creditor shall have the further time of two years in which to procure his claim to be allowed by the commissioners, unless they shall make their final report in a shorter time.
The statute evidently proceeds upon the basis that from the death of the debtor until the final report of the commissioners, within the two years, all claims against the estate are to be considered as pending allowance and…
2Cases cited1 opinion
- Hapgood v. SouthgateSupreme Court of Vermont · 1849
3Cited by2 opinions
- Martel v. StaffordSupreme Court of Vermont · 1991
- In Re Matson's EstateNew Mexico Supreme Court · 1946