Hill v. State

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Hill's Executrix v. State
the Arkansas Supreme Court

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The deadline to bring a claim against an estate is two years after the probate court issued letters testamentary. This is called the "statute of non-claim." In Hill's Executrix v. State, 23 Ark. 604 (1861), the State of Arkansas waited five years to bring its claim against Hill's estate by suing his executrix.

The chancery court ruled in favor of the State and let the claim go forward. On appeal, the Arkansas Supreme Court (English, C.J.) held this was error because the State was not exempt from the statute of non-claim.

2615524Hill's Executrix v. State1861the Arkansas Supreme Court

Supreme Court of Arkansas

23 Ark. 604

Hill Ex. v. The STATE

Appeal from Pulaski Chancery Court

Court Documents
Opinion of the Court

As upon the death of a trustee he ceases to be such, and as to him the trust is no longer continued, his indebtedness to the trust becomes a demand against his estate, to be authenticated, allowed, classed and paid out of the assets of his estate, as other demands. The statute of non-claim is a bar to the claims of the State, if not exhibited within the time prescribed by the statute, as in the case of private individuals

Appeal from Pulaski Chancery Court.

Hon. H. F. FAIRCHILD, Chancellor.

WATKINS & GALLAGHER, for appellant.

HEMPSTEAD, for appellee.

[Opinion of the court by Chief Justice ELBERT H. ENGLISH. Justice HULBERT F. FAIRCHILD not participating.]

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