Flinn v. Shackleford
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. , In the matter of the estate of Jesse A. Bozeman, deceased, Bunberry Flinn, administrator.
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Appeal from the Probate Court of Montgomery. , In the matter of the estate of Jesse A. Bozeman, deceased, Bunberry Flinn, administrator. The said estate was regularly declared insolvent by a decree of the probate court of Montgomery, on the 15th day of March, 1866, and on the 28d day of May, 1866, Joseph Shackelford filed in the office of the judge of said court, as a claim against said estate, a paper in writing, as follows : “ $6,800. On the 8th day of January, 1862, pay to the order of J. A. Bozeman, six thousand eight hundred dolars, at the office of S. Cullom & Co., Montgomery, value…
1Opinion of the CourtByrd, J.
1. The Code declares that “ all claims against the estate of a deceased person, must be presented within eighteen months after the same have accrued, or within eighteen months after the grant of letters testamentary or administration; and if not presented within that time, are forever barred.” — § 1883. The statute previous to the adoption of the Code was in substance, upon this subject, the same as the above provision. This court has long held that under this statute, it is not necessary for the claimant to present the original claim to the executor or administrator in order to hold them…
2Cases cited5 opinions
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