Ex parte Pearce
Supreme Court of Arkansas
APPEAL from St. Frands Circuit Court. lion. M. T. Sanders, Circuit Judge. The orders of the probate court were void for want of notice, and for want of jurisdiction over the person of the administrator. The administrator is not in court and subject to its jurisdiction without notice, except at the term when his settlements are to be filed or confirmed.
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APPEAL from St. Frands Circuit Court. lion. M. T. Sanders, Circuit Judge. The orders of the probate court were void for want of notice, and for want of jurisdiction over the person of the administrator. The administrator is not in court and subject to its jurisdiction without notice, except at the term when his settlements are to be filed or confirmed. An administrator can only be removed on complaint in writing by some interested person, supported by affidavit and on fifteen days’ notice. (Gantt’s Dig., see. 36.) The nunc pro tunc order was void for the same reasons. (34-Ark., 300; 40 Ark.,…
1Opinion of the Court
Henderson, Sp. J.
On the twenty-eighth day of December,. 1865, the petitioner, Thomas Pearce, was appointed administrator of the estate of J. A. Sheffield by the probate court of St. Francis County. On the thirtieth of January,. 1867, he filed his first annual settlement, which was approved by the court. On the fifth day of March, 1868, he filed his second settlement. This account was continued by order of the court, and an order entered requiringPearce, as such administrator, to pay off certain incumbrances existing against the real estate of his intestate,, and to pay the debts of the estate…
2Cases cited3 opinions
- Collins v. TiltonIndiana Supreme Court · 1877
- Mix's Appeal from ProbateSupreme Court of Connecticut · 1868
- Wellborn v. RogersSupreme Court of Georgia · 1858
3Cited by4 opinions
- Grinstead v. WilsonSupreme Court of Arkansas · 1901
- Pruitt v. International Order of Twelve, Knights & DaughtersSupreme Court of Arkansas · 1923
- Light v. SelfSupreme Court of Arkansas · 1919
- Padgett v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1900