Rawlins v. Poindexter

The question presented in this case is, whether before suit can be brought and maintained on a claim against an executor or administrator due from the estate of the deceased, the claim must be first probated and recorded and certified, by the judge of probates, as examined and allowed.

It is settled by this court, that, under the act of 1822, Hutch. Code, 664, § 90, no such probate was necessary before the institution of the suit. 3 How. 216; Ib. 303; 4 Ib. 242.

We think the act of 1846, Hutch. Code, 681, § 5, makes no alteration in the law in this respect. That act provides, that “to authorize…