Buchanan v. Wagnon

Citations

• 62 Tex. 375
• 1884 Tex. LEXIS 251

Syllabus

<p>1. Estate of decedent — Claim.— Where a claim, evidenced by anote secured on real estate, is not presented to the administrator within a year after the issuance of letters of administration, it is not entitled to satisfaction out of the property incumbered or other property of the decedent until all claims properly presented within the year have been fully paid.</p> <p>3. Same — Cases cited.— All claims, whether secured by lien or not, must be presented to the administrator within the prescribed time, or they will suffer the penalty of delay imposed by statute. Following Graham v. Vining, 1 Tex., 669; id., 3 Tex., 443; Danzey v. Swinney, 7 Tex., 635; Robertson v. Paul, 16 Tex., 473.</p> <p>3. Same — Statute construed.— Under the law of 1840 (Hart. Dig., 1010), the claim, if not presented within the time, was wholly barred, and this court held that, if the claim was not presented within the prescribed time, its right to be satisfied out of the property it held by lien, or out of the general assets, was barred. Danzey v. Swinney, 7 Tex., 635.</p> <p>4. Same — Present statute construed.— The present statute (R. S. art. 3047), as a statute of limitation, prescribes a less severe penalty for failure to present the claim, and, instead of barring it forever, permits it to come in for payment out of the general assets, after the other debts duly presented within the year have been fully paid.</p> <p>5. Same — Purpose of the law.— The main purpose of the law was to bring about an early settlement of the estates of deceased persons, and, with this end in view, the law offers inducements to persons presenting their claims within the year, and inflicts penalties upon those who fail to do so.</p> <p>6. Same.— The estate stands pledged to pay all claims entitled to payment, according to the exhibit to be filed within one month after the expiration of the year (R. S., art. 3043), and cannot be left open for an indefinite time to accommodate negligent creditors.</p> <p>7. Classi