Judges: BUFORD, J.
Attorneys: Leland Hyzer, for Appellant;
W.H. Mactye, and Thomas H. Anderson, for Appellees.
Filed: Sep. 22, 1936
Latest Update: Mar. 02, 2020
Summary: This case comes before us after briefs filed on renewal of motion to dismiss the appeal. The record discloses the following state of facts: On June 12th, 1934, letters of administration were issued to the appellees in the matter of the Estate of Angello Pasquarello, deceased, late of Dade County, Florida. On July 21, 1934, proof of publication of notice to creditors was filed in the County Judge's Court. On July 2, 1934, proof of claim of Stephen G. Pierce was filed in the County Judge's Court,
Summary: This case comes before us after briefs filed on renewal of motion to dismiss the appeal. The record discloses the following state of facts: On June 12th, 1934, letters of administration were issued to the appellees in the matter of the Estate of Angello Pasquarello, deceased, late of Dade County, Florida. On July 21, 1934, proof of publication of notice to creditors was filed in the County Judge's Court. On July 2, 1934, proof of claim of Stephen G. Pierce was filed in the County Judge's Court, t..
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Practically the whole argument of appellant is postulated upon the contention that under the 1933 Probate Act, it wasindispensable for the personal representatives to file objections to claims within the time provided in par. b, Section 122 of the Probate Act, Section 5541 (94) C.G.L., Permanent Supplement. The statute is an acceleration statute designed to speed up the institution of litigation against estates on disputed claims. It was not intended to make the probate proceedings the forum for settling such claims through the simple expedient of treating all claims as valid merely because no contest thereof is filed, as might be done, by the personal representatives.
BROWN, J., concurs.
