Idaho Trust Co. v. Miller
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover on a claim against the estate of a deceased person which had been presented to and rejected by the administrator. Judgment for the plaintiff.
Read the full summary
APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to recover on a claim against the estate of a deceased person which had been presented to and rejected by the administrator. Judgment for the plaintiff. The “proper court” mentioned in see. 5468 is the probate court and not the district court; the district court has no original jurisdiction of claims presented to an administrator of an estate of a deceased person for payment, but the probate court has exclusive original jurisdiction in such matters. (Clark v. Bossier, 10…
1Opinion of the CourtSullivan, C. J.
The respondent, the Idaho Trust Co., brought this action as trustee for one Kittie Sullivan, to recover a legacy claimed under the will of Sarah C. Thompson, deceased, against George T. Miller as administrator, .with the will annexed of the estate of Cary A. Coryell, de*310ceased. The claim was duly presented to the administrator for allowance and was rejected by him, and within three months after such rejection this action was brought in the district court under the provisions of see. 5468, Rev. Codes of 1909, which section is as follows:
“When a claim is rejected, either by the executor or…
2Cases cited7 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- Toncray v. BudgeIdaho Supreme Court · 1908
- McLean v. CrowCalifornia Supreme Court · 1891
- In re the Estate of McVayIdaho Supreme Court · 1907
- Gallagher v. McGrawCalifornia Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Flynn v. DriscollIdaho Supreme Court · 1924
- Short v. ThompsonIdaho Supreme Court · 1936
- State ex rel. Peterson v. DunlapIdaho Supreme Court · 1916
- State Ex Rel. Nielson v. LindstromIdaho Supreme Court · 1948
- Berry v. ScottIdaho Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.