Farmers & Merchants Bank v. Lilly

Citations

• 66 Wash. 309
• 119 P. 749
• 1911 Wash. LEXIS 1063

Syllabus

<p>Executors and Administrators — Actions—-Limitations — Rejection of Claim. An action not being commenced so as to toll the statute of limitations until the complaint is filed, an action upon a claim against an estate which was rejected January 2, is not commenced within three months thereafter, as required by Rem. & Bal. Code, §1477, when the complaint was not fiied until April 6, following.</p> <p>Same — Date of Rejection — Notice. Where a claim against an estate was rejected January 2, because not filed within one year, and on solicitation of the claimant seeking a reconsideration, the administrator took the matter up with his attorneys, and wrote on January 20th that the attorneys’ “position is the same as mine — that I cannot allow the claim,” the claimant was not misled or prejudiced in bringing an action within three months from the rejection of the claim, which dates from January 2, and not January 20.</p>