Geisenberger v. Progress, Knitting Mills

Citations

• 113 Miss. 495
• 74 So. 331

Syllabus

<p>Bxecutobs and Administkatobs. Probate of claims. Statutes.</p> <p>Under Code 1906, section 2103, providing for a notice to creditors giving them one year to probate and register their claims against the estate of a decedent and section 2116 providing that, if an estate is declared insolvent after publication of notice to creditors, another publication shall not be necessary, but if declared insolvent before publication is made, the court shall order publication requiring creditors to present their claims within six months; when publication has been made under section 2103 it is not left to the discretion of the court to make a second publication shortening the time allowed by the first publication. The statute only contemplates the giving of the six months’ notice by publication as provided by section 2116, in the first instance, when no other or different publication has been made.</p>