Parsons v. Parsons

WILLSON, O. J.

(after stating the facts as above). On the theory that it appeared from the testimony that the claim sued.upon was first presented to and rejected by him as administrator July 10, 1922, appellant insists the trial coprt erred when he overruled his (appellant’s) plea in abatement, and refused to dismiss the suit on the ground that it was not commenced within 90 days from that date. The contention is predicated on a statute (article 3449, Vernon’s Statutes) as follows:

“When a claim for money against an estate has been rejected by the executor or administrator, either in whole or…