First National Bank v. Sherman's Estate

Estates of Decedents — Presentation of Claims — Limitations. 2 How. Stat. § 5901, providing that all claims against estates of deceased persons shall be forever barred unless presented within the time limited for that purpose, applies, although no inventory is filed, previous to the order of hearing, showing property which can be devoted to the payment of debts.

Error to Van Burén; Buck, J. The First National Bank .of Paw Paw presented a claim against the estate of Alonzo Sherman, deceased. The claim was disallowed by the probate court, and claimant appealed to the circuit. From a judgment for defendant, claimant brings error. This case was tried before the court without a jury. The following are the facts: Alonzo Sherman was indebted to claimant upon two promissory notes, — one for $5,000, dated January 22, 1882, payable three months from date; another for $653.20, dated December 27, 1886, due in six months after date. Mr. Sherman died December 22, 1887. December 26, 1890, his widow filed a petition for the appointment of an administrator. January 26, 1891, an administrator was appointed. February 6, 1891, appraisers were appointed, and on the same day an order was made allowing six months for the presentation of claims. Proper notices were given, and on August 10, 1891, an order was entered closing the estate to creditors. December 12, 1892, the widow presented a petition praying for a setting off to her of $200 in cash, and an order therefor was duly allowed. December 13, 1892, an inventory was filed showing the estate to consist of $200 in cash. On the same day a petition was filed by the widow praying for the probate of the will of the deceased, which will was duly admitted to probate, January 9, 1893. December 26, 1896, Mrs. Sherman died, leaving a will devising her property in trust for the use and benefit of her son, Joseph. Some time prior to 1885, when does not appear, the Connecticut Mutual Life Insurance Company issued a policy upon, the life of Mrs. Sherman, payable to her husband upon her death. March 27, 1885, this policy was surrendered, and a paid-up policy for $1,966 issued in its stead, payable to Mr. Sherman upon his wife’s death. This policy was, by the last will of Mrs. Sherman, bequeathed to trustees in trust for her son. In 1897 the insurance company paid this money to the executor of the will and administrator of the estate of Mr. Sherman. Mr. Sherman bequeathed all his property to his wife during her natural life, and after her death to his son, Joseph. On the 9th day of March, 1897, the probate court allowed the claimant to present its claim against Mr. Sherman’s estate. Upon the hearing the claim was disallowed. The circuit court affirmed the decision of the probate court, upon the ground that the claim was barred by the statute of limitations.