In re the Estate of Ackerman
Supreme Court of Minnesota
On May 15, 1884, Alexander B. Lightner, of Augusta county, Virginia, filed a petition in the probate court for Nicollet county, asking for license, as administrator, to sell the real estate in that county of which one Mary J. Ackerman, deceased, died seized.
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On May 15, 1884, Alexander B. Lightner, of Augusta county, Virginia, filed a petition in the probate court for Nicollet county, asking for license, as administrator, to sell the real estate in that county of which one Mary J. Ackerman, deceased, died seized. It appeared from the petition, that Mary J. Ackerman died in October, 1877, in Augusta county, Virginia, being then a resident therein; that on March 26, 1879, the petitioner was duly appointed by the circuit court of Augusta county as the administrator of the estate of the deceased; that the debts outstanding against her estate amount to…
1Opinion of the CourtGilfillan, C. J.
The only question in the ease is whether the proviso 1 at the end of Gen. St. 1878, c. 46, § 3, limits the time within which the real estate of a deceased person may be sold by the probate court for payment of his debts, not liens at the time of his death. It reads: “Provided, that no debt or claim against any deceased person, which had not become a lien upon his real estate before his death, shall continue to be a lien upon any such real estate after the lapse of three years from the date of such death.” Strictly, debts or claims do not become liens on the property upon the death of the…
2Cited by4 opinions
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