Butler v. Templeton
Butler v. Templeton
Opinion of the Court
There is but a single question of law in this case, and that is easily stated: A will was duly admitted to probate, and the executor qualified. On the same day an order was made limiting the time for the presentation of claims against the estate, and three days afterwards the publication of the notice of such order was begun. A few days after the first publication an appeal to the circuit court was taken from the order admitting the will to probate, and a trial was had, resulting in reversal of the order, followed by an appeal to this court, upon which the judgment of the circuit court was reversed and the cause remanded with directions to affirm the original order of the county court. The publication of the' notice to creditors proceeded without interruption, notwithstanding the appeal. The claimant did not present her claim within the time limited by the order, but presented the same about six months after the expiration of that time, but before the record was returned to the county court, and claims that the appeal from the order of probate suspended the operation of the order limiting the time for the presentation of claims while such appeal was pending. Our statutes provide that the county court shall by order fix the time within which creditors shall present their claims for examination and allow-
By the Court. — Judgment reversed, and action remanded with directions to affirm the judgment of the county court.
Reference
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- Published