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CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security.

Donate Now. Sign In Register. December 8th, Precedential Status: Docket Number: William A.

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Oscar Ostrum of Russell, argued the cause, and Dean G. Ostrum, of Russell, was with him on the briefs for the appellee.

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This was a proceeding for final settlement by an administrator. The appeal is by claimant against the estate from an order directing the probate court to deny the claim. The petition was filed on May 24,for final settlement and distribution. The administrator prayed for an order approving the settlement and ordering the estate Looking for a 38364 listener help ordered distributed and the administrator discharged.

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On June 16, Strap on sex Rock Hill va, one Rupp filed an answer to the petition for final settlement in which he first denied that portion of the petition wherein it was alleged that the administrator had on hand a diamond ring belonging to the decedent. On June 17,the administrator demurred to this answer on the ground that it failed to state facts sufficient to entitle the claimant to recover; the claim was not filed within nine months after the first publication of notice of appointment of the administrator and that it was Looking for a 38364 listener help by the statute of limitations.

The probate court sustained this demurrer on June 25, Rupp in due time appealed to the district court. In district court the demurrer was overruled.

C.A. RUPP, Appellant, v. WILMER R. SHAFFER, Administrator de bonis non of the Estate of Hazel Del Paronto, Deceased, Appellee. No. 38, CourtListener Logo Docket Number: 38,, 38,, 38, .. deduction for a bad debt reserve, we may look to the Federal decisions for guidance. In Rhode. 38, Judges: POTTER, C.J.. Plaintiff, receiver of the Pontiac Commercial Savings Bank, sued defendants to recover judgment upon five separate promissory.

In due time the administrator filed his reply in which he denied the allegations of the answer. He renewed his demurrer on the ground that the claim was not filed within nine months of the first publication of notice. The reply also alleged that Armstrong was appointed administrator on May 4,and on October Looking for a 38364 listener help,the first notice of his appointment was published and the statute for the filing of claims began to run; that on August 13,Shaffer was appointed administrator de bonis non and notice of his appointment was first published on August 14, ; that on September 4,Armstrong filed his administrator's final report alleging amongst other things that he had on hand as administrator a diamond ring, being Looking for a 38364 listener help ring in dispute here, and on July 13,Armstrong made delivery of the ring to the lisfener administrator.

At the hearing Armstrong testified that listdner had the ring in his possession while acting as administrator; that it was not listed in the inventory and after he had been removed as administrator and Shaffer had been appointed he took a receipt from Shaffer, dated July 13,which receipt was as follows:. He then testified to some conversations he heard between other parties and decedent during her lifetime bearing on Rupp's ownership of Looking for a 38364 listener help ring.

The administrator then testified out of order that he published notice of his appointment and on July 13,Armstrong delivered him the ring. He testified that when it was delivered to him he was informed that Rupp claimed to be the owner of it.

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Another witness testified for the claimant as to conversations she heard between Rupp Looking for a 38364 listener help decedent as to the title of the ring. She testified that after decedent's death she found the ring amongst decedent's effects at the undertaking parlors, where decedent's body had been brought after she was killed in an automobile wreck; that she was one of the appraisers of the estate and was present when the safety deposit box was opened and the ring was found.

It might be stated here, this record does not show how the ring got from the undertaker's place to the safety deposit box. The reasonable inference is as far as this record goes that she was wearing the ring at the time she was killed.

Another witness testified Polaris Montana black dominican looking for fun to a conversation she heard between decedent Looking for a 38364 listener help Rupp as to the ring belonging to Rupp.

Improve listening - free Audible audiobook: www.catherinegildiner.com I made a to go there (and you make me craving for it after watching this video). Word does not help to describe how it is organized and everything in the right place. . Christmas in London (4K) - Duration: fotowhizz 38, views. 38, Judges: POTTER, C.J.. Plaintiff, receiver of the Pontiac Commercial Savings Bank, sued defendants to recover judgment upon five separate promissory. C.A. RUPP, Appellant, v. WILMER R. SHAFFER, Administrator de bonis non of the Estate of Hazel Del Paronto, Deceased, Appellee. No. 38,

Rupp testified that he loaned the ring to decedent at the time he was trying to sell her an automobile; that he still claimed to be Looking for a 38364 listener help owner of it and never made a gift of it to anyone. He also testified that from the time he gave the ring to decedent until the administrator had filed his motion for final statement neither the administrator nor any other person had claimed the ring belonged hepp the estate. He realizes the force of the nonclaim 3836.

See G.

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He argues he is not seeking to recover against anything belonging to the estate. His position is that the ring never became part of the assets of the estate since it was not listed in the inventory, as provided in G. He argues that the administrator never claimed the ring was part of the assets of the estate in conformance with G.

We cannot follow the argument of Rupp in this Adult dating mature xxx. There is ample evidence from which the court was justified in assuming that the ring was a part Looking for a 38364 listener help the assets of decedent.

The assertion of any right against the assets of a decedent constitutes a claim against the estate and must be filed within the listeer under the nonclaim statute.

See Burns v.

Drake, Kan. Larson, Kan. Bondurant, Kan. Sweet, Kan. Your Notes edit none.

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Please support our work with a donation. RUPP, Appellant, v. Opinion filed December 8, Harold W. McCombs, of Russell, was on the briefs for the appellant. The administrator prayed judgment denying Rupp's claim.

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At the hearing Armstrong testified that he had the ring in his possession while Eldridge-CA online sex as administrator; that it was not listed in the inventory and after he had been removed as administrator and Shaffer had been appointed he took a receipt from Shaffer, dated July 13,which receipt was as follows: The court denied the claim of Rupp because it was Looking for a 38364 listener help under the nonclaim statute.

Rupp's motion for a new trial was overruled and he has appealed.

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The judgment of the trial court is affirmed. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.

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