Rutherford v. Harbison

G.S.28-112 provides that “If a claim is presented to and rejected by the . . . administrator . . . , the claimant must, within six months, after due notice in writing of such rejection . . . commence an action for recovery thereof, or be forever barred from maintaining an action thereon.”

The purpose of this statute is to expedite the administration and settlement of estates. The language is positive and explicit, and the section must be enforced in accordance with the plain meaning of its terms. Batts v. Batts, 198 N.C. 395, 151 S.E. 868; Morrisey v. Hill, 142 N.C. 355, 55 S.E. 193.

The court…