McFarland v. Fairlamb

Citations

• 18 Wash. 601
• 52 P. 239
• 1898 Wash. LEXIS 598

Syllabus

<p>EXECUTORS AND ADMINISTRATORS — PRESENTATION OF CLAIMS BEFORE ACTION — SUFFICIENCY.</p> <p>Presentation of a claim against a decedent’s estate to tbe executor or administrator thereof is necessary before action on the claim, under Code Proc., § 986 (Bal. Code, § 6235), although the notice to creditors to present claims required of the executor by Code Proc., § 977 (Bal. Code, § 6226), may never have been published.</p> <p>The presentation to the executor or administrator of the original instrument in writing as a claim against the decedent’s estate is unnecessary unless required by such personal representative, but the presentation of an affidavit setting forth the claim and a copy of the instrument is a sufficient compliance with the provisions of Code Proc., § 980 (Bal. Code, § 6229), in case the executor or administrator does not require satisfactory vouchers to be produced in support of the claim.</p>