Nicholas v. Sands
Supreme Court of Alabama
Appeal from tke Probate Court of Mobile. Heard before the Hon. Price Williams, Jr. One Joseph Rabby, an inhabitant of Mobile county, died August 1, 1895, intestate. On September 11, 1895, letters of administration were issued to the appellee, R. M. Sands, appointing him administrator of the estate of Joseph Rabby, deceased.
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Appeal from tke Probate Court of Mobile. Heard before the Hon. Price Williams, Jr. One Joseph Rabby, an inhabitant of Mobile county, died August 1, 1895, intestate. On September 11, 1895, letters of administration were issued to the appellee, R. M. Sands, appointing him administrator of the estate of Joseph Rabby, deceased. At the time of his death, Joseph Rabby owned a homestead, which was less than 160 acres of land of value less than $2,000. His wife was residing with him on this homestead at the time of his death. In addition to this homestead, the decedent owned a small house and lot…
1Opinion of the CourtSitarpe, J.
A valid presentation of a claim against a decedent’s estate may be made to the administrator personally 'without verification of the claim by affidavit or otherwise. — Code, § 130; Perry v. Farmers' etc. Bank, 132 Ala. 82. Hence the admissibility of evidence to prove such presentation and existence of McKay & Roche’s claim against the intestate’s estate was not dependent on whether the same was verified. After presentation the statute of limitations did not run against the claim unless and until the claimants were by the administrator or some one interested in the estate, notified to sue…
2Cases cited2 opinions
- Hatchett v. CurbowSupreme Court of Alabama · 1877
- Peevey v. Farmers & Merchants National BankSupreme Court of Alabama · 1902
3Cited by2 opinions
- Brannan v. SherrySupreme Court of Alabama · 1916
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887