Estate of Labarthe

Citations

• 6 Coffey 499

Syllabus

<p>Notice to Creditors—Decree Establishing—When Made.—An executrix, having caused notice to creditors to be duly published, is entitled to a decree establishing that due notice to creditors has been given, although the attorney for the estate, at whose office claims were by the notice required to be presented has removed his office, during the period designated in the notice, within which claims might be presented.</p> <p>Notice to Creditors—Power to Give Further Notice.—Notwithstanding the removal of the executrix’s place for transacting the business of the estate, the court has no power to direct the giving of a further notice.</p> <p>Notice to Creditors—Change in Place of Presenting Claims— Eights of Creditors.-—The decree establishing due notice to creditors should not be refused under these circumstances because of the bare possibility that there may exist some creditor who, by reason of the removal, has been unable to properly present his claim. Having been put on inquiry by the notice which was duly published, he is obliged to take such further steps as may be reasonable to ascertain the present place of business of the estate.</p>