Woods v. Ely

Citations

• 7 S.D. 471
• 64 N.W. 531
• 1895 S.D. LEXIS 103

Syllabus

<p>1. Section 3254, Comp. Laws, does not create a new and independent cause of action against heirs, but simply declares a remedy which may be pursued upon a claim upon the covenant or agreement of the ancestor. If the heir has succeeded to real property which, as assets of the estate, should be subject to claims against the ancestor on account of such broken covenant or agreement, then the heir so taking such real estate shall be liable to the extent of its value “in the cases and in the manner prescribed by law. ”</p> <p>2. This section must be construed with and as supplimentary to the general statutory provisions for the establishment of, claims against estates.</p> <p>3. Whore the ancestor makes a covenant which is broken when made, and subsequently dies, leaving a large estate over and above his debts and liabilities, which, in due course of administration is distributed among his heirs and legatees, after payment of all claims presented and allowed, and his executors discharged, no claim being presented or demand made on account of such broken contract, by reason of which the same is barred as a claim against the estate, and no facts appear to excuse such nonpresentation, no action can be maintained thereon under said section against an heir by reason of his having succeeded to a portion of the real property of said estate.</p> <p>(Syllabus by'the Court.</p>