Dyer v. McKinley

Broadfoot, .J.

The complaint filed contained an allegation that there was an agreement that claimant should be paid for such services from decedent’s estate and specifically by filing a claim therefor against said estate after the death of the mother. The trial court determined that this allegation, which was not contained in the claim as filed, constituted an amendment of the claim by which the claimant enlarged her demand and materially changed the nature of her action. The court cited a general rule that claims filed within the time limited therefor cannot be amended after the expiration of…