Lethbridge v. Lauder
Wyoming Supreme Court
Error to the ^District Court, Uinta County, Hon. David H. Craig, Judge. ■ ■ The material facts are stated in the opinion. ' The administratrix and her co-administrator not having been suspended or removed, the appointment of a special .administrator was void.
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Error to the ^District Court, Uinta County, Hon. David H. Craig, Judge. ■ ■ The material facts are stated in the opinion. ' The administratrix and her co-administrator not having been suspended or removed, the appointment of a special .administrator was void. (Schroeder v. Court, 70 Cal., 343; Pickering v. Wrighting, 47 la., 242 ;.In re Palmer, 117 N. C., i-33-) Defendant in error could not have been appointed administrator generally except upon the request of the widow. 'He' seems to have been appointed at his own request. The statutory right to nominate (Sec. 4635) cannot be disregarded.…
1Opinion of the Court
Potter, Justice.
Louisa J. Lethbridge seeks on error the reversal of a judgment of the District Court approving the accounts of William • Lauder as -special administrator of the estate of William Lethbridge, deceased, and particularly the allowance of fees and commissions of said Lauder for his services and certain disbursements for attorney’s fees. The sole ground upon which the allowances were or are opposed is that Lauder’s appointment was made without jurisdiction, for the alleged reason that at the time of his appointment there was not a vacancy in the administration of said estate. It is…
2Cases cited7 opinions
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- Gray v. HarrisMississippi Supreme Court · 1871
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- Steen v. BennettSupreme Court of Vermont · 1852
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- State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933
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