International Harvester Co. v. Algie

Citations

• 101 Kan. 654
• 168 P. 876
• 1917 Kan. LEXIS 170

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Administrator — Final Settlement and Discharge — When Premature. Final settlement of the estate of a deceased persop. is not to he made until the estate is fully administered, and the administrator should not be discharged and released until his trust has been fully performed and he has accounted for and paid out all the moneys received by him, as the law requires.</p> <p>'2. Same — Payment of Claims Exceeding Fifty Dollars. The payment of claims in excess of fifty dollars by an administrator before they are presented to and allowed by the probate court is illegal and at his own risk.</p> <p>•3. Same — Payment of Claims Without Regard to Classification — Insolvent Estate. An administrator is not entitled to a final discharge and to have his sureties exonerated from liability on his bond where he has paid- claims of a lower class, leaving other legally established claims of a preferred class unpaid, there being insufficient moneys of the estate to pay in full all valid claims against it.</p> <p>4. Same — Classification of Claims Against Estate. Under the statutory rule of classification, all claims against an estate not presented within one year after the granting of the first letters are to be assigned to the sixth class, regardless of the class to which they would have been assigned if presented within the first year, and all duly exhibited demands of any of the first five classes are entitled to a preference over those of the postponed class.</p>