RUTHERFORD v. HARBISON

No. 31.

118 S.E.2d 540 (1961)

254 N.C. 236

Melvin RUTHERFORD v. Charles A. HARBISON, Administrator of the Estate of Gaither Harbison, Deceased.

Supreme Court of North Carolina.

March 8, 1961.


Attorney(s) appearing for the Case

Everette C. Carnes and Curtis D. Hawkins, Marion, for plaintiff.

O. L. Horton and John H. McMurray, Morganton, for defendant.


MOORE, Justice.

G.S. § 28-112 provides that "If a claim is presented to and rejected by the * * * administrator * * *, the claimant must, within six months, after due notice in writing of such rejection * * * commence an action for recovery thereof, or be forever barred from maintaining an action thereon."

The purpose of this statute is to expedite the administration and settlement of estates. The language is positive and explicit, and the section must...

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