The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-11-10
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Chief Justice Elleti delivered N,
urinipu n Ne omh
Tho plainiih In efrm dsflasst m
~ gpen accmint The defendant,
tleadel that tke claims ned mp Wefs
nd registered within two ysnfs amer
IMhlitglion gf notice N erndllms
Ihe plaintiff fcplipd that The defend.
ants hid notice of the existence ~
The said claim within iwo yenrs ahef
said publication The defendant.
hemurfcd 70 this replication, and The
court sustained tbe demurrer, aud
gave Judgment fnr lhe defendants
The propfirty of this drcision l. tbr
question lor ouf consideration.
The statute under which the onc..
ton arises V as follows AN claims
against The estate oi deceased pcr.
son, whether due or not, shalt be-
registered IN the Court IN which the
letters trstnmcntary or of ndminis.
traiion were granted, within two
years after the first publication Of
notice to creditors to present their
claims, as required by the ninth scc.
ton of this net, or the claims shall
be barred, and no suit or action shall
be sustained thereon, either At law or
IN cquiiy'-Rcv" Code, iii, aui-
Gle S3' Aud the question is whether
actual notice 10 the administrator of
an unregistered claim, will take the
ease out of the operation Of the stat.
ute.
1t seems clear that the effect can
not he given to the article quoted
according to the full and literal i'm
port OF its terms, for if a suit should
be brought before the expiration Of
the two years allowed for the regis
tration of claims, it could not be
pretended that such suit could after
wards be barred by reason of fail
ure to register the claim within the
time limited, but the suit would pro-
ceed TO trial and Judgment, as in
other cases. SO, If suit should lie
brought and judgment recover
against the administrator within the
two years, the want of subsequent
registration could hardly be inter
posed as an objection to the regulari-
ty of an execution, if sued upon such
judgment.
Again, the statute does not create
limitation operating in all cases in
favor of estates of decedents, from n
definitive time fixed by the law, or
ascertained by reference to the records
of the Probate Court. On the con-
trary, the limitation does not begin
to run except on the previous per-
formance of n duty enjoined upon
the administrator, the discharge Of
which is a matter IN pals, and OF
which the records of the court do
not necessarily furnish any informa-
ton. II runs only from the FIRST
publication of n notice, which the
administrator is required TO publish
IN some newspaper, within two
months after the grant of his letters
Rev. Code, 4i3, art. 81, The object
of this latter requirement, as de.
clared expressly on the face of th,
act, is, that the true condition of thu
estate may be speedily known, 5,
that the administrator may proceet
to pay the debts as speedily as ma,
be, out Of the assets which may com,
to his hands, If the estate be solvent
The notice to be thus given, require
the creditors to have their claim
registered within the time prcscribet
by law, or they will be barred. Ar
ticle II of the same act provides 70
the keeping of the book, and direct
the manner Of registering claims
and article SO limits the time within
which such claims must be registered
II is thus seen that the object of al
these proceedings is to furnish tn
administrator with early information
of the true condition Of the estate
and to enable him to proceed prompt
ly and speedily in its settlement. Tn
registration comes in place of tn
presentation TO the administrator re
quired under former laws, and great
ly simplifcs and facilitates the pro
ceedings. The oLce Of the clerk q
the court is now made the place
where, at the same time they probat
their claims, the creditors prcscn
them to the administrator, by caus
ing them to be entered upon the reg
lister, and where the administrato
can at any moment ascertain th
number, character and amount Of th
debts exhibited against the estate.
These provisions are the result {
a revision Of the former laws on th
same subject. and a reference tn th
old statutes, in contrast with the new
will not only show the wisdom {
the latter, but in connection with III
judicial Interpretation put upon tn
former, will greatly aid in conduct
ing us to a proper conclusion in rela
: ton to the matter under considers
T ton.
: The act of 1921, Hutch. Cod,
67l, sec. lis, contained the follow
ing provision. "All claims again
the estate of deceased persons sha
: be presented to the executor, admir-
: istrator, or collector. within eightcc
: months after the publication If mott,
for that purpose by such execute
administrator or collector, and ~
: after; aud all claims not present,
D within the time aforesaid, shall
3, forever barred, and the estate Of d
tesiator or intestate, shall be thcrca
ter discharged from the payment
: such claim or claims, and the exec
q tor, administrator, or collector m'
J, give this act in evidenee, wiilo
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