Claim Against Decedent’s Estate – a debt that could have been enforced in a court against the decedent during his lifetime

claim against decedent’s estate:

1. A debt that could have been enforced in a court against the decedent during his lifetime.  See decedent’s estate. [1]

1. A debt or demand of a pecuniary nature which could have been enforced in law or equity against the decedent in his lifetime that could have been reduced to a simple money judgment.  31 Am J2d Ex & Ad § 276.

Most courts have held that the term as used in a statute relating to the competency of interested witnesses in the prosecution of a “claim or demand” against an estate, referes to the assertion of any right against an estate.  According to this view the words are not restricted to a money claim, but apply also to any other demand which would tend to deplete the estate.  Other courts have limited these terms to such claims as can give rise to a suit calling for a money judgment.  Anno: 41 ALR 1044. [2]

1. A debt that could have been enforced in a court against the decedent during his lifetime. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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