Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-04-18

Il speedy settlement of estates at the least
expense >>ecur4,i'' is the declaration Of
sail section 3055. and If tli- statutory
rule is to be applied to any Of the pro-
visions of the Act it seems most appro-
pirate to apply it to those sections f,.u-
lating mere matters of pie idfng an! not
of substantive law.
We are of the opinion that claim or
statement of a claim properly verified,
which shows the nature and character
and amount Of the same, and the liabil
ity of the estate of the decedent, aud if
there is future litigation as to the fact Of
presentment, it can be distinguished
from all other similar claims and is suf-
ticient to bar another proceeding upon
tits sufficient com piancewith the terms
OF these sections of the statute when
given the liberal construction OF the
statutory rule above quoted.
OF the, authorities from the courts of
other States examined, tbs following de
cisions Of the supreme Court of Ala
ha,4,a are cited, and are, as we believe
considered with the provisions of the
statute of that State regulating tho set
tlee~ent Of estates Of deceased persons,
based nnan sound reason.
Finn. Admr. ". Shackiefort'. 4!
Ala 2O2.
Blob ct al. Executors, W. Mitchell,
Aimr So Ma. so.
Asnew, Adnir. W. Walden ct al, 81.
IA. 90.
Quoting from the opinion III Finn VS..
Shacklefoid, Supra. MIR, Justice Byrd,
s9eaking for the court says: "rha code
declares that all claims against tie
estate OF iece ,<ei person must he pre-
scented within eighteen moths after the
same have accrued or within eighteen
months after the grant of letters testa-
nentary or administrations: and if not
presented within that time are forever
barred = :" The statute previous To
the d joption of the code was i'll sab
stance upoa this subject the ,lne AS the
held that under This statute it is hot nee
esssary for the claimant to present the
original claim to the executor or admin
istrator in order to hold them liable, and
the presentation of a copr or abstract, or
even notice given of the claim, with the
assertion of the liability ot the estate,
and that he locke 10 the executar or adj
minis: rator for payment, would be suff-
cient. The c.de also
provides that every person having any
claim against all eState which has been
declared insnlNent must file the same in
the Office of tie Judge OF probate. within
nine months after such declaration, or
ptter the same accr'les. verified Inv the
oath OF the claimant or some other per-
! son who knows the correctness Of the
claim, and that the same is due, or the
same is forever barred. :"
! The court in this case discussing the
construction to be placed upon this pro-
vision of the statute relative to the filing
of claims against estates declared to be
insolvent further on in the same opinion
uses the following forceful language:
such ruling preserves the analosies
which should be observed in the con-
struction Of statutes which are in pafi
mdteri0. Besides, too rigid rule
should not he enforced against parties in
a court which has no technical rules es-
tablished for its proceedings, and which
looks to the subst .atial administration
of justice and equity without bein z held
down to the strict r,l~s of the courts OF
common law
onr statute regulating this matter also
seems to be i'll harmony with the follow
ing rule tersely stated in the Sth Am. {
Eng. Ency. of law. l077, I'm presentin;
claims agains: the estate, to the probat,
, court, or by filing the claim in the of1ic'
of the Probate Judge, no formal com
plant is necessary. All that is requires
is that the statement show the natur
, and amount Of the claim with sufficien
precision to bar another action, ant
g show also pri,aa tucie right to re
!, cover
r There is also one other view to +
|, taken of the matter. 1t is shown by tn
t complaint that the statement Of tn
/ claim filed within the statutory tim
n was allowed by operation of the origin;
n provisions of section 1896 Supra. b
J. the failure of the Administrative to el
d dorse her allowance or rejection Of tt
) same.
Statutes 1887, p. 1876, Sec. Ill.
1t is further shown that thereafter I'll
le appellant was notified to appear ar
u show cause before the District judy
d why said claim should be ALLOWED, al
Z that he appeared before said Dstri
II Judge and before said claim had bes
~ rejected by him and offered to attach t
70 original note and mortgage to the stat
81 ment of the claim aud left said note a,
or mortgage with the said District Jud
fer the purpose of having the same I
tached; that thereafter the District Jud
q rejected the claim and it seems return
of to the appellant the original note al
mt mortgage. While, as above stated it W
to the manifest intention Of the Legislatu
te- to dispense with formal and technie
on pleadings in the presentation of clair
ct against deceased persons, yet it did in
DIS wisdom enact rs a part of the law reg
ast lating these matters that when app