80 So. 697 | Miss. | 1918
delivered the opinion of the court.
C. Phillips died intestate in Lauderdale county, leaving a small estate; his debts exceeding the value of the estate. An order was taken by the administrator declaring the estate insolvent, and notice was given to the creditors to file their claims for examination, as required by section 2117, Code of 1906 (section 1785, Hemingway’s Code). The claim of appellant for seventy-one dollars and twenty-five cents was duly filed. with the clerk under said notice. At the time appointed by the court to examine into the validity of the claims filed with the clerk, other claims amounting to more than two hundred dollars, which were accounts due for the expenses of the last sickness and funeral of the deceased, were presented and allowed by the chancellor as preference claims over the common claim of appellant. The amount of the preference claims allowed exhausted the estate, leaving nothing in the hands of the administrator with which to pay the claim of the appellant herein. The said preferred claims allowed were not filed with the clerk by the day named in the notice, as required by said section 2117, but the chancellor allowed these claims at the hearing because they were preference claims under section 2113, Code of 1906 (section 1781, Hemingway’s Code), and from this order allowing the preference claims this appeal was taken.
The decree of the lower court is reversed, and the cause remanded.
Reversed and remanded.