Black v. Elliott

Citations

• 63 Kan. 211
• 65 P. 215
• 1901 Kan. LEXIS 121

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1, Executors and Administrators — Limitation of Action. The statute of limitations will run upon a demand against the estate of a deceased person after a reasonable time has elapsed after the death of such person, and this even though no executor or administrator has been appointed. (Bauserman v. Oharlott, 46 Kan. 480, 26 Pac. 1051; Kulp v. Kulp, 51 id. 341, 32 Pac. 1118, 21L. R. A. 550.)</p> <p>2. Sale of Realty — Defenses by Heirs and Devisees. In any proceeding brought either in the probate court or in equity for the purpose of subjecting the lands of a deceased person to the payment of .the debts of such person, the heir or devisee of such person, or one claiming under him, may contest the legality or justness of such claim, and this regardless of whether it has been duly allowed by the probate court as a claim against the estate. Such allowance is not binding upon such heir or devisee or other person in such proceeding.</p>