Rogers v. Rosenstock

Citations

• 117 Miss. 144
• 77 So. 958

Syllabus

<p>1. Exectjtoks an» Administrators. Claims against estate. Limitations.</p> <p>Section 3105, Code 1906 (Hemingway’s Code, section 2469), providing that actions may not be brought against an executor or administrator, but within four years after the qualification of such executor or administrator, has been construed by the supreme court in connection with section 2096, Code 1906, prohibiting the filing of a suit against the executor or administrator until after six months from his appointment, as giving four years and six months within which an executor or administrator can be sued.</p> <p>2. Same.</p> <p>Under section 2107, Code 1906, so providing all claims against the estate of, a decedent must be registered within one year or they are forever barred, and “a suit shall not be maintained thereon in any court, even though the existence of the claim may have been known to the executor or ádministrator.” If this section is complied with, then under section 2110, the presentation of the claim and having it probated and registered stops “the running of the general statute of limitations as to such claim whether the estate be solvent or insolvent.”</p> <p>3. Same.</p> <p>Section 3105, is clear and unambiguous, and under the strict language of this section the owner of a probated claim which accrued before the death of the decedent, must insist upon satisfaction or bring his action against the executor or administrator within four years and six months from the date of letters, testamentary or administration, or his rights will be barred by limitation, but this section has no application to causes of action which accrued after the death of the decedent.</p> <p>4. Exectjtobs and Administkatobs. Presenting claims. Itemizing.</p> <p>Where one who bought up claims against a decedent’s estate in probating them did not itemize them, but listed each by stating the amount and name of the original creditor to whom it was due, this was not a sufficient compliance with the statute.<