Legal Opinion

Van Baelen v. EQUITABLE SECURITY TRUST COMPANY

Superior Court of Delaware

Decided April 12, 1956No. 1136, Civil Action, 1953Published

1Opinion of the Court

Carey, J.:

The sole question for decision is whether plaintiffs’ claim is barred by Title 12, Section'2102, Revised Code of 1953, which provides in part as follows:

“* * * all claims against the estate of the decedent, whether due, not due or contingent and including any claim on a bond secured by a mortgage on real estate, not presented to the executor or administrator in writing with an affidavit provided for in section 2104 of this title, and of which he shall not have notice as provided in section 2103 of this title, within one year after the date of the granting of letters to the executor…

2Cases cited4 opinions

  1. Brown v. RosenbaumNew York Court of Appeals · 1942
  2. Peterson v. HowellSupreme Court of Florida · 1930
  3. Wilmington Trust Co. v. WrightCourt of Chancery of Delaware · 1952
  4. Conklin v. School CityIndiana Court of Appeals · 1919

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