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5 Ind. 498

Lasure v. Carter

Indiana Supreme Court

Decided December 7, 1854

Indiana Supreme Court · decided 1854-12-07

<p>An administrator, under the R. S. 1843, was authorized to admit the justness of claims filed against the estate.</p> <p>It was competent for the Prohate Court to correct an error in the description of land, in an appraisement made under an administrator’s petition to sell real estate.</p>

Decided 1854-12-07

Per Curiam.

¶1Petition by an administrator to sell real estate to pay debts. The heirs were duly made parties, and answered, and a sale was ordered.

¶2The principal question made is upon the right of the administrator to admit the justness of claims against the estate. We have no doubt on this point. The statute of 1843 expressly authorized him to make such admission, even in Court. Claimants, also, might be sworn.

¶3By the code of 1852, this power of the administrator was taken away, but the complaints occasioned thereby, on account of the costs of a trial upon every claim, induced the legislature of 1853 to attempt to restore the power. Laws of 1853, p. 51, sec. 7.

¶4Any error in the description of the land appraised for sale, in the report of the appraisers, could be corrected below.

¶5We discover no error in this case.

¶6The decree is affirmed with costs.

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