In re Garr's Estate
Utah Supreme Court
Appeal from District Court-, First District; T. D. Lewis, Judge. Judicial accounting by A. E. Cranney, as administrator of John T. Garr, deceased. From an order directing distribution of intestate’s estate to- bis collateral next of kin, as against the heirs of a son of intestate born out of wedlock, they appeal. APPELLANT’S POINTS.
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Appeal from District Court-, First District; T. D. Lewis, Judge. Judicial accounting by A. E. Cranney, as administrator of John T. Garr, deceased. From an order directing distribution of intestate’s estate to- bis collateral next of kin, as against the heirs of a son of intestate born out of wedlock, they appeal. APPELLANT’S POINTS. The rule of law, that statutes in derogation of common law, should be strictly construed, has been by statute expressly abrogated in Utah since 1884 as to all civil matters. (Laws of Utah, 1884, p>. 154; sec. 2489, Rev. Stat. 1898.) They are to be liberally…
1Opinion of the CourtBaktch, J.
John T. Garr died intestate in Cache county, Utah, on the 30th day of October, 1900, and left an estate consisting of real and personal property. On December 29, 1900, A. E. Oranney, one of the respondents herein, was appointed administrator of the estate, and has since been acting as such officer. On June 1, 1903, the administrator filed a petition for distribution of the estate, in which he alleged that the brothers and sisters and issue of the deceased brother and sister are the sole heirs at law of the deceased, and prayed that the decedent’s property be distributed to them, that the…
2Cases cited8 opinions
- United States v. FreemanSupreme Court of the United States · 1845
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