In re Decker's Estate
District Court, D. Alaska
This is an appeal from an order of the probate court for the Juneau precinct, overruling a demurrer to an affirmative answer filed in that court. As disclosed by the transcript on appeal, the facts set up are these: For a number of years prior to April 20, 1899, Edward O. Decker, the intestate herein, and J. M. Decker, were copartners in business at Juneau and Dyea. Edward O. Decker was married, but there were no children.
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This is an appeal from an order of the probate court for the Juneau precinct, overruling a demurrer to an affirmative answer filed in that court. As disclosed by the transcript on appeal, the facts set up are these: For a number of years prior to April 20, 1899, Edward O. Decker, the intestate herein, and J. M. Decker, were copartners in business at Juneau and Dyea. Edward O. Decker was married, but there were no children. On the 20th of April, 1899, E. O. Decker died intestate. Soon thereafter, on the 23d day of June, 1899, J. M. Decker, the surviving partner, was by order of the probate…
1Opinion of the Court
GUNNISON, District Judge.
Respondents claim an estoppel, on the ground that a judgment of the probate, court is not subject to a collateral attack. This court has heretofore held, in the matter of Sylvester’s Adm’r v. Willson’s Adm’r, 2 Alaska, 325, that:
*109“The probate court of the district of Alaska is an inferior court and possesses only limited jurisdiction. This being the fact, its orders, judgments, and decrees carry no presumption of regularity, since that presumption arises only upon those of the superior courts and those having a general jurisdiction.”
In other words, the jurisdiction of…
2Cases cited6 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Taylor v. TaintorSupreme Court of the United States · 1873
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Simmons v. SaulSupreme Court of the United States · 1891
- McNitt v. TurnerSupreme Court of the United States · 1873
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