44 Conn. 450 | Conn. | 1877
It is the duty of an executor or administrator in settling an estate not represented insolvent, to examine all
These are a part of the provisions of the statute with regard ■to the settlement of estates not represented insolvent. In the first instance the administrator must pass upon all claims against such estates. He is not presumed to know what they are, and in a great majority of cases he can not know, until they are presented to him by the creditors. He must pass upon every item of every account. He must obtain information on the subject from the books and papers of the deceased, and from parties interested in the estate, as well as from the parties presenting the claims, and, from all the knowledge thus obtained, determine what' claims to allow and what to disallow.
Such are the duties of the administrator, and it is obvious that they cannot be performed if such a presentation of a .claim as that made by the plaintiff in this suit is held sufficient. The finding on this subject is that about the first of November, 1875, the plaintiff met the defendant in the store
These are the facts, and the question is, was there a presentation of the plaintiff’s claim against the estate at either of these interviews ? Yery little need be said in relation to what transpired at the first interview, as it clearly falls short of a presentation of the claim. The interview was a casual one. The plaintiff knew that the defendant was a brother of the deceased, and that fact led him to speak of his claim 'against the estate. No account whatever was shown, nor did the plaintiff give the defendant any information regarding his claim except in stating that it amounted to about one hundred dollars. This clearly did not amount to a presentation of the claim, and would not if the plaintiff had known the defendant to be the administrator. At the second interview, which also appears to have been a casual one, the plaintiff showed the defendant a part of the items of his account, in the form of a bill not completed. The, defendant ■then told him to finish the draft of his bill; and the parties then separated. They separated with the understanding that something more was to be done; that the plaintiff should finish the making out of his claim, and afterwards present it to the defendant. Neither of the parties then understood that the claim was being formally exhibited to the administrator, even supposing the plaintiff to have known that the defendant was administrator, but both understood that the
Every claim against an estate not represented insolvent ought properly to be presented to the administrator in writing, that he may be fully apprised of its character and have an opportunity to examine it thoroughly; and although the statute does not in express terms require that claims should be so presented, yet this clearly is the only safe course, as furnishing proof both of the fact of presentation and of the exact claim presented. Eor the protection of the estates of deceased persons we think it would be well that the statute should require that claims be so presented in all cases.
A new trial is not advised.
In this opinion the other judges concurred.
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