Hewitt v. Jamieson

The petitioner claims that the court erred in its denial, in that the petition should have been granted ex parte and without notice to Jamieson.

Sec. 321.02 of the Statutes provides:

“(1) Actions may be brought on the bonds of executors, administrators and testamentary trustees by permission of the county court in the following cases:

“(a) ... .. “(b) By any legatee, next of kin or other person to recover his share of the personal estate, after the county court has, by order or judgment, declared the amount due to him, if the executor, administrator or trustee shall fail to pay the same when…