In re Estate of Houck & Meyer

Citations

• 23 Or. 10
• 17 P. 461
• 1888 Ore. LEXIS 139

Syllabus

<p>,1. Probate Practice — Sale of Real Estate to Pay Debts — Code, §§ 1142-49. — Where a petition is presented for tbe sale of real property of a decedent to pay debts, the only proper inquiries are (a) whether there are legitimate claims unpaid, and (6) whether the proceeds of the sale of personal property have been exhausted. The question of heir-ship does not arise until the final distribution of the estate: Code, H 1142-49.</p> <p>2. Probate Practice — Time foe Presenting Claims.— In Oregon there is no limitation to the time within which a claim may be presented against an estate, and delay in the proceedings is not a ground for refusing an application by the administrator to sell real property. The county court will hasten proceedings in proper cases and on a proper showing.</p> <p>3. Partnership Estate — Claim of Administrator. — The administrator of an estate may, before he has filed his bond, present his claim to the county judge for allowance; and the fact that he is not able to -actively discharge the duties of administrator because his bond is not filed, does not affect his right to have his claim allowed, or affect the right of the county judge to allow it.</p>