McCarthy v. Foust

The opinion of the court was delivered by

Burch, J.:

The appeal brings up for review a judgment of the district court holding garnishment of funds in the hands of an administrator of an estate, before the probate court has ordered distribution, to be unauthorized.

Mary J. Bon died, leaving a will in which she gave all her property to Myrtle L. Foust. The will was probated in November, 1922, .and W. M. Green was appointed administrator with will annexed. On May 9, 1923, Myrtle Foust applied to the court for an order of partial distribution, upon execution by the distributee of the statutory bond.…