Merchants' & Farmers' Bank v. Kelleher

Citations

• 119 Miss. 232
• 80 So. 697

Syllabus

<p>Executors and Administrators. Time for filing claims. Preferential claims. Insolvent estate.</p> <p>The provisions of section 2117 of the Code of 1906, requiring that: “All claims must he filed with the clerk by the day named in the notice,” is mandatory and claims for the expenses of the last sickness and funeral cannot be allowed except out of any surplus that might remain after paying those claims which were filed, unless such preference claims be duly filed by the day named in the notice as required by the statute although such claims are preference claims under the provisions of section 2113 of the Code of 1906 (Hemingway’s Code, section 1781).</p>