Legal Opinion

Kennedy v. Lyke

Supreme Court of Alabama

Decided November 15, 1917No. 5 Div. 662PublishedCited by 6 opinions

Appeal from Circuit Court, Chilton County; Leon McCord, Judge. Action by Eunice Kennedy, administratrix, against J. H. Lyle, administrator. From a judgment for the latter, the former appeals.

1Opinion of the CourtSomerville, J.

In order to avoid the statute of nonclaim (Code, § 2590), claims against decedents’ estates must be presented in accordance with the requirements of Code, § 2593, as follows:

“The presentation may be made either to the executor or administrator, or by filing the claim, or a statement thereof, in the office of the judge of probate in which letters were granted, in which case the same must be docketed, with a note of the time of such presentation; and if required, a statement must be given by such judge, showing the time of presentation. Every such claim so presented to the executor or…

2Cases cited4 opinions

  1. Brannan v. SherrySupreme Court of Alabama · 1916
  2. W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
  3. Peevey v. Farmers & Merchants National BankSupreme Court of Alabama · 1902
  4. McMahan v. BrowneSupreme Court of Alabama · 1914

3Cited by6 opinions

  1. Burgess v. BurgessSupreme Court of Alabama · 1918
  2. Brake v. GrahamSupreme Court of Alabama · 1925
  3. N. L. Carpenter & Co. v. NaftelSupreme Court of Alabama · 1919
  4. Rosser v. SandersSupreme Court of Alabama · 1929
  5. Tharp v. Loeb Hardware Co.Alabama Court of Appeals · 1931

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