Milbourne v. Kelley

Citations

• 93 Kan. 753
• 145 P. 816
• 1915 Kan. LEXIS 19

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of-Actions — Time May Be Shortened by Amendment of Statute. It is within the power of the legislature to amend a statute of limitation by shortening the time in which an existing cause of action may be barred, provided a reasonable time is given for the commencement of an action before the bar takes effect.</p> <p>2. Same — Claim Against Estate — Barred by Amended Statute. In an action to establish a claim against the estate of a deceased person it was shown that the letters of administration issued on December 10, 1910. At that time the statute (Gen. Stat. 1909, §3516) allowed three years for the presentation of claims. An act which took effect on the 22d day of May, 1911 (Laws 1911, ch. 188), reduced the time to two years, with a provision that all demands not exhibited within two years shall be forever barred. Although the plaintiff had eighteen months after the act took effect in which he might have commenced his action, his claim was not exhibited until more than two years thereafter. Held, that he was allowed a reasonable time to pursue his remedy, and that the action is barred by the new statute.</p> <p>3. Same. The fact that the claim was filed in the probate court, and that the administrator had knowledge of it and had made efforts to adjust and settle it, - will not suspend the statute nor estop the administrator from relying upon the bar of the statute.</p> <p>4. Same. Nor will the plaintiff be heard to say that by reason of such acts and conduct of the administrator the period of eighteen months was not in this case a reasonable time.</p> <p>5, Services Rendered Administrator — No Claim Against Estate. No cause of action against an administrator in his official capacity can be based upon services rendered him in the administration of the estate. (Brown v. Quinton, 80 Kan. 44, 47, 102 Pac. 242.)</p>