Shepard v. National Bank of Lawrence County

Citations

• 67 Ill. 292

Syllabus

<p>1. Administration—judgment on claims after two years. The statute limiting the time for the presentation of claims against estates of deceased persons, is not an absolute bar to the recovery of a judgment on claims not exhibited within two years from the grant of letters, but, in such cases, the judgment must be special, to be satisfied from property belonging to the estate subsequently discovered.</p> <p>2. Same—what is subsequently discovered estate. The design of the statute is to allow creditors who have neglected to present their claims against an estate within two years, to have satisfaction of the same out of any property belonging to the estate, which had not been inventoried within two years from the granting of letters of administration or letters testamentary, which they can find and thus apply. •</p> <p>3. It makes no difference with the creditor’s rights whether the estate' not inventoried is discovered before or after he obtains his judgment, or the commencement of his suit, or whether he himself first finds such property. If discovered by the administrator and not inventoried or accounted for within two years, he will be entitled to have his claim paid out of the same.</p>