The American State Reports, Vol. 26

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Excerpt from The American State Reports, Vol. 26: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" And the "American Reports, " Decided in the Courts of Last Resort of the Several StatesLariat, Analogy to M qos-claivs again 4mm. - ls myot the states, statutes existwhich require that all claim against an estate must be presented to the executor or administrator thereof within a esrtsin time after he goes into o¿ee, or from the time of his appointment, sndthatif notso presented, such claimsare barred, and a numberof the states have adopted the rule, that when the claims of creditors are barred by eh statute at the time when the executor or administrator files his appli cation to sell the land in payment of creditor's claim, then the application will he denied. Unless the delay is satisfactorily explained and the claim is ads within a reasonable time after the expiration of the period limited by ash statute This rule prevails in Iowa, where claims against the estate must be made within eighteen months from the time of the appointment of the administrator, and if he does not present his application to sell the land within that time. His application will be denied, unless the circumstances of is use would justify a court of equity in making an exception to the rule. Is which case the application must be made within a reasonable time: No Onryv. Tasha. 41 Iowa, 255, Conger v. Geek. 56 Iowa. 117, Hadley v. Grey ery, 57 Iowa. 157, Gravel! 7. Shut, 68 Iowa, 110. Under these decisions. A delay of from five to thirteen years has been held to be unreasonable and to amount to lachss. So in Mame and Massachusetts, in consequence of the limitations of suits against administrators to four years from the time of ac Opting the trust, license to sell the decedent's land in payment of his debts will generally be refused, unless the application is made within the four years, or within a reasonable time thereafter, with a satisfactory explanation (a the delay. In these states, the lapse of more than four years before ap pliatiou to sell will bar the right. In the absence of clear explanation for the delay: Nowell v. Nowell. 8 Me. 220, Nowell v. Broaden, 14 Me. 320, Smith v. Mon, 16 Me. 308, Is as Allen, 15 Mass. 58, Heath 11. Wells, 5 Pick. 139, 16 Am. Dec. 383, Palmer 7. Palmer, 13 Gray, 326. The statute now limits the time to two years in which claims may be enforced against an administrator, and an application to sell the decedent's land is generally denied after the lapse of that time in making the application: Aiken v. Morse. 104 Mass. 277, Tarbell 7. Parker, 106 Mass. 347, Edmund! V. Rockwell, 125 Mass. 363 The same rule prevails in Mississippi, where the period of limitation agamet the administrator is one year after publication of notice to creditors, Ferguson v. 8000, 49 Miss. In New Hampshire, claims against an estate are barred in three years after grant of administration. Except in exceptional cases, saless suit is commenced or is pending at the expiration of the three years.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.