Cheairs' Executors v. Cheairs' Administrators

Citations

• 81 Miss. 662

Syllabus

<p>1. Estates of Decedents. Probation, allowance and registration of claims. Code, 1893, §1933.</p> <p>Code, 1893, $1933, regulating the probation, allowance and registration of claims against estates of decedents, is mandatory; the affidavit therein required of .the creditors must be made, and any affidavit which is not in effect a compliance with the statute is insufficient to give validity to the probation, allowance and registration of a claim.</p> <p>3. Same. Stopping statute of ,1/imitations. Code, 1893, $1936.</p> <p>Under said statute (§ 1933), requiring the clerk, upon the receipt of the prescribed affidavit and the claim, and its approval by him, tó indorse thereon the words, “Probated, allowed for $--, and registered,” and to sign his name officially thereto, an indorsement that the claim is “allowed and registered” is of no effect, and does not prevent the running of the general statute of limitations under code, 1893, $ 1936, providing that the presentation of a claim and having it “ probated and registered as required by law ” shall stop the running of such general statute as to such claim.</p> <p>3. Same. Creditors. Petition to sell land. Code 1893, $ 1895.</p> <p>Code 1893, § 1895, providing that any creditor of a decedent whose claim is registered may file a petition, as the executor or administrator is authorized to do, to sell land or personalty to pay debts, authorizes such a petition by a creditor only'when his claim is' properly registered, after being probated-an'd allowed. - • .'</p>