Parsons v. Gartrell's Adm'r

Opinion by

Judge Lindsay:

The object of the statute in requiring an account against the estate of a deceased person to be verified by the creditor and established by proof, and payment thereof demanded of the personal representative before suit, is to secure to’ such representative an accredited voucher and to save the expense of litigation.

In this case the appellee declined even to examine the account when presented, and avowed her intention not to pay it under any circumstances. She thereby waived any right to require a literal *181compliance with the statute and invited the litigation, which she…