In Re Agee's Estate
Utah Supreme Court
1ConcurrenceCherry, J.
I concur in the result. The doctrine that claims for services rendered in the administration of the estates of deceased persons, at the instance and request of administrators, are merely claims against the administrator individually, and cannot be made charges upon the estate of the deceased except indirectly through the administrator, is an artificial doctrine, resting on no substantial basis. Its practical application often results in delay, circuity of action, uncertainty, and injustice: Many courts have rejected it. Brandenburg v. Dante, 49 App. D. C. 141, 261 F. 1021, and cases cited. I…
2Cases cited6 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Knight v. HamakarOregon Supreme Court · 1901
- United States Fidelity & Guaranty Co. v. PeopleSupreme Court of Colorado · 1908
- Hazlett v. Estate of MooreNebraska Supreme Court · 1911
- Brandenburg v. DanteCourt of Appeals for the D.C. Circuit · 1919
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