63 N.Y.S. 241 | N.Y. Sup. Ct. | 1900
The sole question reserved at the trial was as to the applicability of the short Statute of Limitations prescribed by section 1822 of the Code of Civil Procedure, which provides that where an executor or administrator “ disputes or rejects a claim against the estate of the decedent it shall be barred unless, within six months thereafter, action be brought thereon,” etc. See, also, Selover v. Coe, 63 N. Y. 438. The object of the statute was to enable executors and administrators to wind up estates without delay by barring out all creditors who do not present their claims or prosecute them within the prescribed time. It is highly penal in its character, is to be strictly construed, and to entitle an executor or administrator to the benefit thereof, the statute must in all essentials be complied with. Hoyt v. Bonnett, 50 N. Y. 538. The decedent died July 23, 1898, and publication for claims was commenced in November, 1898, requiring their presentation on or before June 2, 1899. The plaintiff’s claim was presented in December, 1898,. and was not formally rejected by the executors until the letter of June 2, 1899, marked “ Plaintiff’s Exhibit B.” See Hoyt v. Bon
Judgment for plaintiff, with costs.