Baker v. Webster

Citations

• 106 Kan. 326
• 187 P. 870
• 1920 Kan. LEXIS 513

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note — Secured by Real-estate Mortgage — Death of Mortgagor — Presentation of Claim against Estate — Statute of Limitations. A note secured by mortgage on real estate owned by the deceased maker need not be exhibited to the executor as a claim against the estate before beginning a suit to foreclose — the real estate mortgaged having been sold by the executor to pay the debts of the estate and the expenses of administration — and failure so to exhibit within the statutory period after the executor has given bond will not bar such claim.</p> <p>2. Executors and Administrators — Claim Paid, by Executor — Finality of Approval by Probate Court. A claim paid by the executor and its payment approved by the probate court in the first annual settlement, over the protest of certain heirs, who did not appeal from such approval, becomes a finally adjudicated matter which such heirs cannot question on appeal from an approval of the executor’s final settlement.</p> <p>3. Same — Agreement to Change Interest Rate on Note — Note Not Void. An agreement written into the note referred to in paragraph 1 of the syllabus, that it should hear 7 instead of 6 per cent interest per annum from a certain named date, signed by the widow and executor, did not render such note void as to the children and heirs of the makers of such note.</p>