Estate of Le Clerc

Citations

• 5 Coffey 297

Syllabus

<p>Claim Against Estate—Presentation and Adjudication.—After presentation and allowance by the administratrix, and approval by the judge, a claim in this case was, upon order, to show cause, ordered paid. The administratrix contested this order upon the ground that since the allowance of the claim judgment had been recovered against her by a third person for part of the claim. The claim not having been paid, a second application for an order for its payment was made. The administratrix contested this application and alleged that since the first order she had paid the judgment before mentioned, and she sought to set up this payment as a counterclaim. It was held that the former order covered the subject matter of the claim, was a full and final determination thereof, and a bar to the application to allow the setoff.</p>