In Re Bolin's Estate
Supreme Court of Oklahoma
Error to the United States Court for the Southern District of the Indian Territory; J. T. Dickerson, Judge. In the matter of the estate of Morgan Bolin and others. From, an order disallowing certain claims of S. R. Tolbert, guardian, he brings error.
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Error to the United States Court for the Southern District of the Indian Territory; J. T. Dickerson, Judge. In the matter of the estate of Morgan Bolin and others. From, an order disallowing certain claims of S. R. Tolbert, guardian, he brings error. On October 30, 1905, S. R. Tolbert, as guardian of Morgan Bolin, James E. Bolin, and Joseph Bolin, minors, plaintiff in error, filed in the United States Court for the Indian Territory, Southern District, sitting in probate at Ada, his annual settlement. On March 20, 1906, -said guardian filed a supplemental settlement necessitated, ciby…
1Opinion of the CourtTurner, J.
(after stating the facts as above). The first error assigned is that the court was without jurisdiction to enter that part of the order requiring plaintiff in error to pay $765.83 to the clerk of the court, and for that reason the same is void. In this we concur. We are of the opinion that that part of the order infringed upon the rights of the guardian to an extent beyond the powers of the court to make, and to that extent is void. The jurisdiction of the courts of probate is not inherent. 9 Enc. PL & Pr. 953. Such courts are purely creatures of statute, with certain limited statutory powers…
2Cases cited6 opinions
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- De Greayer v. Superior CourtCalifornia Supreme Court · 1897
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- Purcell v. YoungCalifornia Supreme Court · 1895
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3Cited by14 opinions
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