426.180. Notice, how given--creditor failing to present at proper time, precluded--exceptions. - Missouri Statutes

Notice, how given--creditor failing to present at proper time,precluded--exceptions.

426.180. The assignee shall give notice of the time andplace of adjusting and allowing demands against the estate of hisassignor, by advertisement published in some newspaper printed inthe county, or, if there be none, in the one nearest the placewhere the inventory is filed, for four weeks successively, thelast insertion to be at least one week before the appointed day;and also, whenever the residence of any of the creditors is knownto him, by letter addressed to such creditors at their known orusual places of abode, at least four weeks before the appointedday. The assignee shall attend at the place designated in saidnotice in person, on said day, and shall remain in attendance atsaid place on said day, and during two consecutive daysthereafter, and shall commence the adjustment and allowance ofdemands against the trust fund at nine o'clock a.m., and continuethe same until five o'clock p.m., of each of said three days; andall creditors who, after being notified as aforesaid, shall notattend at the place designated during the said term, and laybefore the assignee the nature and amount of their demands, shallbe precluded from any benefit of said estate; but the hearing onany demand presented at the time may be continued, for good causeshown, to such time as is deemed right; provided, that anycreditor who shall fail to lay his claim before said assigneeduring said term, on account of sickness, absence from the state,or any other good cause, may, at any time before the declarationof the final dividend, file and prove up his claim, and the samemay be allowed, and the remaining dividends paid thereon, as inthe case of other allowed claims.

(RSMo 1939 § 5756)

Prior revisions: 1929 § 5646; 1919 § 642; 1909 § 915