Estate of Fitzgerald v. First National Bank

Pound, C.,

dissenting.

I am unable to agree in the conclusions reached in the opinion of my Brother Oldham, To my mind the con*270struction given to the sections of the statute quoted is required neither by the terms of the statute itself nor by the authorities cited. Section 214, chapter 23, Compthed Statutes, provides that ordinarily claims against an estate shall be presented to and ruled upon by the county judge, but that if the parties interested, or one of them, so demand, commissioners are to be appointed to examine and pass on such claims. Thus there are two methods of examining claims,—one…