Clifton v. Meuser

Citations

• 79 Kan. 655
• 100 P. 645
• 1909 Kan. LEXIS 259

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions—Demands against Estates. Whenever a person desiring to establish a demand against an estate delivers to the administrator a written notice containing a copy of the instrument or account on which it is founded, and stating that he will present it for allowance to the probate court at a time named, an action on the claim is deemed to be begun so as to stop the running of the statute of limitation. It is not necessary that the controversy shall be decided or that it shall be submitted for decision before the expiration of the period of limitation, or even that the day first set for a hearing shall fall within that period.</p> <p>2. Evidence—Transactions Had with Deceased Persons. Under the rule forbidding a party in an action against an administrator to testify in his own behalf in respect to any transaction had personally with the decedent such party may not testify to his own conduct if in so doing he necessarily attributes to the decedent some act or attitude with respect thereto; he may not testify that he rendered services of such a character that if they were performed at all it must have been with the acquiescence of the decedent.</p> <p>S. - Same. In an action against an administrator for services in nursing, caring for and boarding the decedent the plaintiff is an incompetent witness to prove the fact of their performance, unless the circumstances are shown to have been such that acquiescence by the decedent is not inferable therefrom.</p>