Estate of Selby

Citations

• 1 Myrick 125

Syllabus

<p>Claim, Ihtekest oh, when allowable.—The allowance of a claim by the executor and Probate Judge is not such a proceeding as will make the claim the judgment of a Court and so become interest bearing. The claim is not a judgment until it has passed through account and settlement and has been ordered paid.</p> <p>It is doubtful if any claim bears interest, when the payment of interest could not be enforced against decedent if he were alive. That is the true test.</p> <p>Construing sections, 0. 0., 1920; C. 0. P., 1497, 1649; affirmed, Supreme Court, March 26, 1877.</p>