Semmes v. Magruder

Tuck, J., delivered the opinion of this court: The account of Martha Young, the appellant’s testatrix, on which this controversy arose, was proved on the 4th of December 1848, and afterwards passed by the orphans court. There are endorsed on the claim a payment of §400, on the 1st of December 1848, and another of §600, on the 1st of January 1849. The affidavit is not strictly in form, but this objection is obviated by its having been passed by the orphans court. Owens vs. Collinson, 3 G. J., 25.

This case also shows, that claims of executors and administrators, stand on the same footing with those presented by other creditors of deceased persons. According to the evidence the property, for the rents of which claim was made, was delivered up by Notley Young, in January 1843; so that the statute was in motion, as to the whole claim, from that time, (if not before as to parts of it,) unless as was contended in argument, his relation to the property was such as to exclude this defence, or the claimant was a minor; as to which, however, we are not informed by the record. Martha Young the appellant’s testatrix, became administratrix of Notley Young in 1847, and died in the summer of 1849, having, as we have said, proved her account and had it passed by the orphans court. At what time the claim was filed in chancery does not appear; but we find it referred to, “as per account filed in the cause,” by the appellant in his account as executor of Martha Young, exhibited in chancery on the 20th of November 1849; and it was noticed and acted upon by the auditor in October 1850.

On the 16th of ²⁴⁷ November of that, year, it was objected to, as not proved, and on the plea of limitations. The appeal is taken from an order ratifying the account of the auditor, by which the claim was rejected as to the personal estate. , That a part payment by an administrator will take a case without the operation of the statute, as against the administrator d. b. n., was settled by this court, in the case of Quynn vs. Carroll's Adm’r., (Ante, 197.) The only difference between the cases is, that here the administratrix