Estate of Smith v. Newell

The court below declined to receive any testimony or entertain any hearing upon appellant’s claims, because of the failure of appellant to press his claims for several years after the filing thereof. We are of the opinion that the ruling cannot be sustained. The facts disclose the due filing of the claims, placing them before the court, and advising respondent of their existence. The demands are not to be described as stale, nor can it be said that the claimant has slept on his rights. There has been considerable delay, by those in charge, in winding up the affairs of the estate, and the…