Stevens v. D. R. Dunlap Mercantile Co.

Citations

• 112 Miss. 524
• 73 So. 570

Syllabus

<p>1. Executors and Administrators. Settlement of estate. Approval of claims by clerk. Statute.</p> <p>The requirement under Code 1906, section 2106, that the clerk if he approves, shall endorse on a claim against the estate of a decedent the words “probated and allowed for $- and registered this-day of-” is mandatory and in the absence of such endorsement the claim is lifeless, but the court if of the opinion that the clerk actually intended to approve and allow the claim had, the power within one year before the claim was barred by the statute of limitations under section 2106 of the Code of 1906, to enter an order, authorizing the clerk to approve and allow the claim under the statute, when however the one year statute of limitations has run, the court and the clerk are both absolutely powerless to breath the breath of life into the claim.</p> <p>2. Same.</p> <p>The only competent evidence of the probate and allowance of a claim against the estate of a decedent, is the written indorsement of the clerk.</p>