Brearly v. Norris
Supreme Court of Arkansas
Appeal from Pope Circuit Court. Hon. John J. Clendenin, Circuit Judge. The allowance of the account in this case for the several claims paid by the appellee, on the testimony of the original claimant, was not only in violation of the well settled rules of evidence, but also in face of the letter of the statute. Gould's Dig., secs. 102, 103, chap.'4; i Greenl. Ev., sec. 326, p. 440; 1 Gilb.
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Appeal from Pope Circuit Court. Hon. John J. Clendenin, Circuit Judge. The allowance of the account in this case for the several claims paid by the appellee, on the testimony of the original claimant, was not only in violation of the well settled rules of evidence, but also in face of the letter of the statute. Gould's Dig., secs. 102, 103, chap.'4; i Greenl. Ev., sec. 326, p. 440; 1 Gilb. Ev., 223, 224. This court has invariably held a strict compliance with the statute in all proceedings for the collection of claims against the estates of deceased persons, must in all cases be adhered to.…
1Opinion of the CourtChief Justice English
delivered the'opinion of the Court.
Samuel Norris died intestate in Pope county, sometime in the year 1856, leaving his wife, Susan Norris, surviving him.
After the death of her husband, Mrs. Norris paid several claims against his estate, amounting in the aggregate to $104 85.
Afterwards, in the year 1857, Brearly took out letters of administration upon the estate, and Mrs. Norris made out an account for the claims paid by her, presented it to the administrator, duly authenticated by her affidavit, for allowance, and he rejected it. On application to the Probate Court, the amount above stated…
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