Legal Opinion

Barrett v. Barrett

Wyoming Supreme Court

Decided March 3, 1914No. 750PublishedCited by 4 opinions

ERROR to the District Court, Sweetwater Count)'-; Hon". David H. Craig, Judge. The material facts are stated in the opinions. The power of the District Court to grant letters of administration is purely statutory, and the District Court in this case was without jurisdiction to appoint Mary Barrett as administratrix, for the reason that there was no. petition on fife for her appointment, and no opportunity was given to interested persons to file objections thereto. (Comp.

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ERROR to the District Court, Sweetwater Count)'-; Hon". David H. Craig, Judge. The material facts are stated in the opinions. The power of the District Court to grant letters of administration is purely statutory, and the District Court in this case was without jurisdiction to appoint Mary Barrett as administratrix, for the reason that there was no. petition on fife for her appointment, and no opportunity was given to interested persons to file objections thereto. (Comp. Stat. 1910, Sec. 5513; Dugan v. Super. Ct., 149 Cal. 98, 84 Pac. 768; Matter of Page, 107 N. Y. 266, 14 N. E. 193; Shipman…

1Opinion of the Court

Beard, Justice.

In this case it appears that Mary Barrett, a widow, residing in Sweetwater County, this State, departed this life on December 11, 1912, leaving an estate in said county, and leaving her four children, Mary Barrett, James Barrett, Patrick C. Barrett and Ed. Barrett, her heirs at law, all *287of whom were of full age (Mary being unmarried) and all residing in said county. That on January 2, 1913, James filed his petition in the District Court of said county, praying that he be appointed administrator of the estate of said Mary Barrett, deceased. On January 8, 1913, the other three…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Farnham v. GordonCalifornia Supreme Court · 1904
  2. Turner v. RichardsonCalifornia Supreme Court · 1904
  3. Estate of MyersCalifornia Court of Appeal · 1909
  4. Littell v. Bonney & StewartWashington Supreme Court · 1901

3Cited by4 opinions

  1. Hartt v. HarttWyoming Supreme Court · 1956
  2. Sullivan v. CashionArizona Supreme Court · 1931
  3. Replogle v. CoolidgeWyoming Supreme Court · 1935
  4. Barrett v. BarrettWyoming Supreme Court · 1914

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