District of Columbia Court of Appeals
Romeo H. Lewis, Appellant v. Lawrence E. Smith
May 20, 19591959 D.C. App. LEXIS 258
Summary
The court held that an authenticated creditor claim exhibited to a nominated executor before the executor qualified need not be exhibited again after qualification. Once the executor qualified and unqualifiedly rejected the claim, the three-month period for filing suit began to run, barring the creditor's action filed approximately seven months later. The dismissal was therefore affirmed.
Holding
- Sufficiency of pre-qualification exhibition. An authenticated claim exhibited to the nominated executor before his appointment and qualification was sufficiently exhibited to permit him, after qualification, to reject the claim effectively. The rejection triggered the three-month limitations period, and the creditor's suit filed more than three months later was barred.
Docket 2332