McDaniel v. Putnam

Citations

• 100 Kan. 550
• 164 P. 1167
• 1917 Kan. LEXIS 372

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Claim Against Estate — Payable on Death of Another Person— Claim Absolute and Unconditional — Claim Accrued When Created. A claim payable on the death of another person is not a contingent claim that mig'ht never accrue, but is an absolute, unconditional claim payable in the future, the time of payment only being uncertain; it is a claim accrued when created, the payment merely postponed until the happening of an event which must surely transpire.</p> <p>2. Same — Presentation of Claim — Statute of “Nonclaim” — Limitation of Actions. Except by some provision in a will, requiring the keeping open'of an estate longer than two years, the statute controls. A person has no power by an oral agreement with his creditor to establish a different rule as to the time for the presentation of a claim-against his estate than the rule declared by the statute of “nonclaim,” barring all demands against estates of deceased persons which are not presented within two years.</p> <p>3. Same — Time to Present Claim Not Extended by Oral - Agreement. More than two years after notice of the appointment of the executor of a deceased person, and before final settlement of the estate, plaintiff presented a claim against the estate, relying upon an agreement with the deceased in his lifetime, by which, in consideration of the payment to him of $5.00 upon the claim, which was then barred by the statute of limitations, he agreed not to present the claim against,the estate until after the death of the wife of the deceased. Her death occurred two years after the appointment of the executor of her husband’s estate. Held, that the claim is barred by the provisions in the executor’s and administrator’s act (Gen. Stat. 1915, §§ 4565, 4592) which require all demands against the estate of a deceased person to be exhibited within two years.</p>