Bryan v. Mundy's Administrator
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was a demand founded upon a judgment, exhibited in the county court for allowance against the estate of Felix Mundy, at the December term, 1851. Letters of administration on said estate, were granted to Patrick Mundy, on the 28th of October, 1844, more than seven years before the exhibition of this demand. The administrator did not publish notice o'f his letters until December 6, 1844, more than thirty days after they were granted.
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Appeal from Washington Circuit Court. This was a demand founded upon a judgment, exhibited in the county court for allowance against the estate of Felix Mundy, at the December term, 1851. Letters of administration on said estate, were granted to Patrick Mundy, on the 28th of October, 1844, more than seven years before the exhibition of this demand. The administrator did not publish notice o'f his letters until December 6, 1844, more than thirty days after they were granted. His only defence to this action was the bar of three years. The county court allowed the demand, and the administrator…
1Opinion of the CourtGamble, Judge
The question presented for consideration in this case is, whether an administrator can rely on the bar of three years provided in our administration law, against a demand which has not been presented for allowance for more than three years after the grant of letters of administration, when the administrator has failed to commence the publication of notice that administration has been granted on the estate, within thirty days after the letters are issued.
It has been repeatedly held by this court, that this bar of three years, which is independent of the general statute of *558limitations, can only…
2Cases cited3 opinions
- Montelius & Fuller v. SarpySupreme Court of Missouri · 1847
- Wiggins v. Adm'r of LoveringSupreme Court of Missouri · 1845
- Hawkins v. RidenhourSupreme Court of Missouri · 1850
3Cited by3 opinions
- Stiles v. SmithSupreme Court of Missouri · 1874
- Munday v. LeeperSupreme Court of Missouri · 1894
- Alexander v. Estate of WyattMissouri Court of Appeals · 1950