Proctor v. Dicklow
Supreme Court of Kansas
Error from Franklin District Court. Hon. A. W. Benson, Judge. STATICMICNT BY THE COURT. Action brought by Joseph Dicklow on February 24, 1892, against his daughter, Adelaide L. Dicklow, who was administratrix of the estate of her brother, F. M. Dicklow, and F. O. Pletrick, A. Willis, and E. M. Sheldon, who were sureties upon her bond as adminis.tratrix.
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Error from Franklin District Court. Hon. A. W. Benson, Judge. STATICMICNT BY THE COURT. Action brought by Joseph Dicklow on February 24, 1892, against his daughter, Adelaide L. Dicklow, who was administratrix of the estate of her brother, F. M. Dicklow, and F. O. Pletrick, A. Willis, and E. M. Sheldon, who were sureties upon her bond as adminis.tratrix. In his petition'he alleged that he was the sole heir of F. M. Dicklow, who died March 8, 1889 ; that Adelaide L. Dicklow was appointed administratrix, and proceeded with the execution of the trust; that she took possession and control of the…
1Opinion of the Court
*124The opinion -of the court was delivered by
Johnston, J. :
While the administration of the estate was still pending in the probate court, Joseph Dicklow brought this action in the district court against the administratrix and the sureties upon her bond, charging her with maladministration, asking for an accounting, and that the release under which she proposed to claim his alleged interest in the estate should be canceled and set aside. This 'was done, too, with full knowledge of the condition of the estate, of the wrongs alleged to have been committed by the administratrix, and after he had…
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