Oliver v. Smith
Oliver v. Smith
Opinion of the Court
delivered the opinion of the court.
This suit was instituted by appellant in his capacity as creditor in order to collect a probated debt. It was shown that this creditor was the administrator and had filed his final account. Upon the hearing of this final account, the existence of unpaid probated claims seems to have been overlooked, and distribution was directed to be made among the heirs without first paying the debts of the estate. Creditors were not parties to this proceeding, and, of course, their right to payment cannot be affected by the decree directing distribution. As to such creditors the estate remains unadministered. Pollock v. Buie, 43 Miss. 140.
We do not think this rule is here'inapplicable because the creditor is himself the administrator. Certainly the final account and the petition for its allowance were filed by appellant
That the statute of limitations docs not bar the claim of the administrator against the estate for an individual debt duly pro-' bated and not barred at the time of his appointment is well settled. Sims v. Sims, 30 Miss. 333.
The action of the chancery court in dismissing the bill was error. Reversed and remanded.
Reference
- Full Case Name
- Alfred F. Oliver v. Esther D. Smith
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Estates op Decedents. Executors and administrators. Final ac- counts. Unpaid creditor. Effect of order for distribution. Administrator himself a creditor. The presentation of an account, in form a final one, by an administrator and a decree of the court approving the same and order- • ing a distribution of the assets to the heirs of the decedent does not affect the rights of an unpaid creditor whose debt had been probated; as to such debt the estate remains unadministered, although the creditor was himself the administrator. 2. Same. Limitations of actions. Probated claim due administrator. The statute of limitations do not run against a probated debt due to the administrator from the estate of his intestate.