Estate of Le Clerc

STATEMENT OF CLAIMS AGAINST ESTATES OF DECEDENTS.

Form and Requisites of Statement.

General Requisites of Statement.—The law does not prescribe any special form in which claims against the estate of a decedent must be stated. A statement is sufficient, without any particular formality, which will distinguish the claim from other similar claims, and inform the executor or administrator and the probate judge of the nature and the amount of the claim so as to enable them to act and pass advisedly upon it. The facts on which the claim is founded may be stated in general terms; and while they should be stated clearly, distinctly and concisely, they need not be recited with the precision and particularity of a complaint: McGrath v. Carroll, 110 Cal. 79 , 42 Pac. 466 ; Pollitz v. Wickersham, 150 Cal. 238 , 88 Pac. 911 ; Appeal of Mead, 46 Conn. 417 ; Henderson v. Ilsley, 19 Miss. (11 Smedes & M.) 9, 49 Am. Dec. 41 ; Lenk Wine Co. v. Caspari, 11 Mo. App. 382 ; Walker v. Gay’s Estate, 73 Mo. App. 89 ; Douglass v. Folsom, 21 Nev. 441 , 33 Pac. 660 ; Kirman v. Powning, 25 Nev. 378 , 60 Pac. 834 , 61 Pac. 1090 ; Little v. Little, 36 N. H. 224; Goltra v. Penland, 42 Or. 18 , 69 Pac. 925 ;…