Reconstruction Finance Corp. v. Hall

The plaintiff duly presented its claim to the executors of the estate; it was disallowed; the Probate Court appointed Commissioners to hear and determine the claim; they did so, and allowed it. It thereby became an established claim, as though allowed by the executors in the first instance. The plaintiff has brought this action to collect the debt while the estate is still in the process of administration in the Probate Court, and has attached funds of the estate.

Clearly the plaintiff has no right to thus tie up the assets of the estate. A creditor has the undoubted right to establish his…