State ex rel. Bartlett v. Second Judicial District Court
Montana Supreme Court
ORIGINAL Proceeding. Application for a writ of certiorari to review an order of the district court directing the relator as special administrator to pay an indebtedness of the estate. Statement of the case by the justice delivering the opinion.
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ORIGINAL Proceeding. Application for a writ of certiorari to review an order of the district court directing the relator as special administrator to pay an indebtedness of the estate. Statement of the case by the justice delivering the opinion. H. B,. Bartlett, special administrator of the estate of John F. Kelly, deceased, petitions the court to issue a writ of review commanding the district court of the Second judicial district to certify to this court a transcript and record of the proceedings considered by said district court in the matter of the estate of said John F. Kelly, deceased,…
1Opinion of the CourtHunt, J.
It has been established by the decisions of this court that the jurisdiction of the district court sitting in probate matters is limited to the powers conferred upon it by statute, that is, to the control of the “administration of decedent’s estates, the supervision of the guardianship of the infants, the control of their property, the allotment of dower and other powers pertaining to the same subject.” (In re Higgins' Estate, 15 Mont. 474; Chadwick v. Chadwick, 6 Mont. 566.) If, therefore, there was no authority of statute for the district judge to authorize the payment of the debt due by…
2Cases cited6 opinions
- In re Higgins' EstateMontana Supreme Court · 1895
- Henry v. Superior CourtCalifornia Supreme Court · 1892
- Turner v. WhiteCalifornia Supreme Court · 1887
- Long v. BurnettSupreme Court of Iowa · 1862
- Chadwick v. ChadwickMontana Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- In re Dolenty's EstateMontana Supreme Court · 1916
- Burns v. SmithMontana Supreme Court · 1898
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Ward v. MagahaWashington Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.