Estate of Whitmore

Citations

• 1 Myrick 103

Syllabus

<p>Claim, allowance oh.—When res adjudieata.—Facts showing that thebe has been no absolute adjudication upon a claim.</p> <p>A claim for indebtedness to be paid out of the estate only when certain primary sources of payment had been exhausted was conditionally allowed by one of two executors (the other being absent from the State) but not by the Probate Judge, until after the settlement of first annual account, wherein the facts of such allowance were recited. Another annual account was settled, in which nothing appears touching the claim; and also a hearing of an application to sell real estate, which was granted, (there being indebtedness, even excluding the claim, to warrant such sale); and in the order, the right was reserved to the heirs to contest the claim.</p> <p>Held, on application by heirs in that behalf, that none of the proceedings recited above were a bar to their contesting the claim.</p> <p>Construing sections, C. C. P., 1636, 1657, 1647.</p> <p>Contbaot to out timber fbom public land, the title to which is pending in the U. S. Courts, the Commission having confirmed title to the claimants, under a grant, which confirmation has been reversed in the District Court, and an appeal therefrom taken, but subsequently dismissed.</p> <p>Such contbaot held to be legal and a claim thereunder allowable.</p> <p>Interpretation of clauses in contract fixing the period for which the duties of each party thereunder are to continue.</p> <p>Construing sections, C. C. P., 1493,1650; ü. S. statutes, p. 1049, Sec. 5388.</p>