Hurd v. Varney

Under our statute no action can be maintained against an executor or administrator unless the demand has been exhibited to him within one year after the original grant of administration. P. L., c. 302, ss. 1, 3. But it is also provided that “a notice sent to the administrator or his agent by registered mail, setting forth the nature and amount of the claim and a demand for payment, shall be deemed a sufficient exhibition and demand.” Ib., s. 2. In accordance with the foregoing provisions, it is a well-established rule “that proof of notice is to be affirmatively established at the trial as a…