Bean v. Cloward

I dissent. I concur in the holding that under Sec. 102-4-6, R. S. 1933, two estates cannot be combined where the probate of one estate has partly proceeded when the attempt is made to combine another with it. I see no occasion for laying down a rule that in the chapter on administration of estates the legislature meant “probate” to be “the proving under a properly drawn petition of the facts necessary to vest the court with jurisdiction to proceed with the administration of the estate.” All we need determine in this case is that under Sec. 102-4-6 no joint administration can be had where one…