Brickey v. Lacy

In Brickey v. Lacy, 247 Ark. 906, 448 S.W.2d 331 (1969) the estate sought and received permission from the probate court to bring an unlawful detainer action against Lacy. Lacy surrendered possession of the premises, but filed an answer denying the personal representative's right to possession and prayed for damages caused by his eviction. The trial resulted in a judgment in favor of Lacy for $ 8,028.26, and that judgment was affirmed on appeal. Lacy, accordingly, filed a claim against the personal representative to collect. The probate court allowed the claim and the personal representative appealed arguing that the claim was barred by the statute of nonclaim. The Court, however, affirmed and held that Lacy's demand was a "cost of administration" and not barred by the statute of nonclaim. Brickey, 247 Ark. at 908-909, 448 S.W.2d at 332.