Wilkerson v. Gordon

48 Ark. 360

• Court: Supreme Court of Arkansas
• Decided: November 15, 1886
• Status: Published

Opinion

Cockrill, C. J.

The requirement of the statute for authenticating claims against the estates of deceased persons is not fulfilled by an affidavit made at some period in the-lifetime of the decedent, to the efiect that he was justly indebted to the affiant in a sum stated, and that nothing had. been paid or delivered toward the satisfaction of the-demand.

Such an affidavit might be true when made, but not true-if applied to the facts existing at the date of the debtor’s, death.

The affidavit required is the foundation for legal proceedings against the estate in the probate court, and the-claimant is not entitled to participate in the assets without' it. Birnie v. Imboden, 14 Ark., 237; Walker v. Byers, ib., 246; Alter v. Kinsworthy, 30 ib., 756.

But there is no estate to proceed against nor anything-over which the probate court can assume jurisdiction until, the death of the debtor, and prior to that time no steps-can be legally taken in the matter-.

Affirmed.