54 Iowa 353 | Iowa | 1880
In Willoox v. Jackson, 51 Iowa, 296, we held, construing section 2421 of the Code, that claims of the fourth class not filed, and proved also, within twelve months after the publication of notice of appointment of administrator are barred, unless the case presents circumstances entitling the claimant to equitable relief. In this case no equitable circumstances whatever are shown. It simply appears that the claim was filed just before the expiration of a year from the giving of notice .of appointment of the administrator, and was proved up nearly sixteen months after such notice, and that the estate is solvent and unsettled.
In Davis v. Shawhan, 34 Iowa, 91, it is said: “That the estate is yet unsettled is not of itself a reason for granting
We cannot hold the estate liable in the present case without going beyond anything that has yet been decided, and ignoring the provision of the statute that the claim must be proved within twelve months of the notice of the appointment of the administrator.
Section 2410 of the Code provides: “ All claims filed and not expressly admitted in writing, signed by the executor with the approbation of the court, shall be considered as denied without any pleading on behalf of the estate.”
Section 2421 of the Code provides: “All claims of the fourth of the above classes not filed and proved within twelve months of the giving of the notice aforesaid are forever barréd, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claimant to equitable relief.” This provision does not fall under the principles of a general statute of limitations, which must be pleaded in order to be available.
Section 3698 of the Code provides: “The posting up or service of any notice, or other papers required by law, may be proved by the affidavit of any competent witness attached to a copy of said notice or papers, and made within six months of the time of such posting up.” Under this section the affidavit of the executor was competent to prove the fact of the posting of the notices.
Section 2366 of the Code provides that the executor or administrator shall give such notice of his appointment as the court or clerk may direct, which direction shall be indorsed on the letters when issued. The abstracts do not
Reversed.