Commercial State Bank v. Ross

Citations

• 90 Kan. 423
• 133 P. 538
• 1913 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT;</p> <p>1. Probate Court — May Correct Classification of Claim at Subsequent Term. Where a demand against an estate, upon allowance by the probate court, is inadvertently assigned to a different class from that to which it rightfully belongs, the court may, even at a subsequent term, correct the classification to correspond to the fact, upon due application and notice.</p> <p>2. Demand — Against Estate — Note—Not “Expense of Last Sickness.” A demand against the estate of a decedent, founded upon a note given by him to raise money to pay his doctor’s bill, can not be classified as a part of the expenses of his last sickness.</p> <p>3. Executrix — Paying Claims u/nder $50 Without Affidavit— Credit Allowed Executrix. Where an executor or administrator has allowed and paid a just claim against the estate of less than $50, he is not to be denied credit therefor upon an accounting, because of his failure to require from the claimant the statutory affidavit of its correctness.</p>