Norvill v. Williams' Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. In the matter of the estate of James 0. Williams, deceased, which was duly declared insolvent on the 2d January, 1856, and against which the appellant filed a claim on the 14th January, 1856, verified by affidavit before a justice of the peace on the 23d June, 1854, and presented to the administrator on the 22d November, 1855, which was within eighteen months after the grant of letters of administration.
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Appeal from the Probate Court of Sumter. In the matter of the estate of James 0. Williams, deceased, which was duly declared insolvent on the 2d January, 1856, and against which the appellant filed a claim on the 14th January, 1856, verified by affidavit before a justice of the peace on the 23d June, 1854, and presented to the administrator on the 22d November, 1855, which was within eighteen months after the grant of letters of administration. The probate court rejected the claim, because the affidavits by which it was verified were made before the declaration of insolvency ; to which the…
1Opinion of the CourtStone, J.
We have heretofore held, that if a claim against an insolvent estate is not filed, verified, within the time prescribed by law, such claim may be rejected by the court, although the claim had not been made the sub*552ject of objections according to section 1854 of the Code. See Carhart v. Clark, 31 Ala. 396.
In the present case, the claim was filed in time, and, when filed, it was accompanied by what is here claimed as a verification. In form, the affidavits seem unobjectionable. The claim ivas rejected, as we gather from the record, because the affidavits, though made after the death of the…
2Cases cited2 opinions
- Lay v. Clark's Adm'rSupreme Court of Alabama · 1858
- Carhart, Bros. & Co. v. Clark's Adm'rSupreme Court of Alabama · 1858
3Cited by3 opinions
- Levert v. ReadSupreme Court of Alabama · 1875
- State Ex Rel. Dilliner v. CumminsSupreme Court of Missouri · 1936
- Fox v. LawsonSupreme Court of Alabama · 1870