Sec. 45a-411. (Formerly Sec. 45-218). What claims may be allowed. - Connecticut Statutes

      Sec. 45a-411. (Formerly Sec. 45-218). What claims may be allowed. Any claim against the estate of an insolvent debtor, whether founded in contract or tort, and any claim against the insolvent estate of a deceased person which by law survives, may be proved before the commissioners and allowed by them. A claim against the insolvent estate shall not be deemed to be discharged by having become merged in any higher evidence of debt after the commencement of the settlement of the estate.

      (1949 Rev., S. 7003; P.A. 80-476, S. 284.)

      History: P.A. 80-476 restated provisions but made no substantive change; Sec. 45-218 transferred to Sec. 45a-411 in 1991.

      Annotations to former section 45-218:

      Object of clause de merger. 30 C. 137. Right to specific performance of contract for sale of real estate not waived by presentation of claim to commissioners. 38 C. 415. Judgment obtained after commencement of settlement of estate not conclusive. 59 C. 547. Cited. 66 C. 509. Where creditor holds note as collateral, real debt should be allowed. 67 C. 324; 74 C. 247. Amount to be allowed on secured claim. 91 C. 66. Effect of judgment secured in foreign state. 71 C. 715; 74 C. 247. Cited. 71 C. 716. Estate liable where deceased took deed promising to hold it in trust, but converted it to his own use. 81 C. 433. In case of insolvency of partnership and its members, rights of creditors. 87 C. 268. Cited. 141 C. 108.