Wiggins v. Adm'r of Lovering
Supreme Court of Missouri
ERROR’ to St. Charles. POINTS AND AUTHORITIES. 1. The executrix not having given notice to creditors as required by the 25th section of the act concerning “Administration,” Rev. Laws 1835, p. 101 — the defendant, as administrator de bonis non, cannot set up the limitation of three years in bar of the plaintiff’s demand.
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ERROR’ to St. Charles. POINTS AND AUTHORITIES. 1. The executrix not having given notice to creditors as required by the 25th section of the act concerning “Administration,” Rev. Laws 1835, p. 101 — the defendant, as administrator de bonis non, cannot set up the limitation of three years in bar of the plaintiff’s demand. Emerson vs. Thompson, 16 Mass. 431 j McLin vs. McNamarin, 2 Dev. & Batt. 85; Pendleton vs. Phelps, 4 Day 476. 2. That before the defendant could, as such administrator, avail himself of the bar of three years, it was incumbent on him to show that notice had been duly published…
1Opinion of the CourtScott, J.
Wiggins presented a claim against Fine, as administrator of the estate of Lawson Lovering, to the county court of St. Charles county, which was allowed by the court. On an appeal to the circuit court a judgment was rendered against the plaintiff Wiggins, who is the plaintiff in error.
It seems that Barbara Lovering, the wife of Lawson Lovering, deceased, was appointed administratrix by her husband. She took out letters testamentary, but failed to give the notice of the fact, required by law. Barbara Lovering after having acted as executrix for more than three years from the date of her…
2Cases cited3 opinions
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
3Cited by13 opinions
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Stiles v. SmithSupreme Court of Missouri · 1874
- Carder v. PrimmMissouri Court of Appeals · 1891
- Munday v. LeeperSupreme Court of Missouri · 1894
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