Miller v. Swearingen

LAWRENCE E. MOONEY, Judge.

The appellants, various heirs and legatees of the decedent, Alva Ray Spray, challenge the court’s allowance of Glen Miller’s claim against the decedent’s estate. Because we find the claim is time-barred, we reverse.

FACTS

Dorsey Swearingen, the decedent’s nephew, attorney-in-fact, and eventual personal representative of the estate, contacted the claimant in early December, 1999, about cleaning out two ponds on the decedent’s farm. After this early December meeting, the claimant testified that he had no further conversations with Mr. Swear-ingen about the job, nor were…