Peterson v. Vanderburgh
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, as-executor of the will of Charles E. Vanderburgh, deceased. The complaint alleged among other things that defendant, who was a. co-executor of the will and a son of the testator, had borrowed from him sums amounting to $23,890.98, of which defendant had repaid only $15,571.66; that defendant claimed offsets, and refused to pay the balance due until the amount was determined and the offsets allowed.
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Action in the district court for Hennepin county by plaintiff, as-executor of the will of Charles E. Vanderburgh, deceased. The complaint alleged among other things that defendant, who was a. co-executor of the will and a son of the testator, had borrowed from him sums amounting to $23,890.98, of which defendant had repaid only $15,571.66; that defendant claimed offsets, and refused to pay the balance due until the amount was determined and the offsets allowed. The complaint prayed for an accounting and for judgment for the amount which should be found due from defendant to the estate. From…
1Opinion of the Court
COLLINS, J.1
Plaintiff brought a bill in equity, and defendant demurred upon *221the ground that the district court had no jurisdiction of the subject of the action. Plaintiff appeals from an order sustaining the demurrer.
The question to be determined is, has an executor in this state the right to bring a bill in equity in the district court against a co-executor for the purpose of having the amount determined, and to enforce a claim held by the estate against such co-executor, arising on contract entered into with the testator in his lifetime, and due at the time of his decease, when the…
2Cases cited1 opinion
- Rogers v. MaguireNew York Supreme Court · 1894
3Cited by3 opinions
- Betcher v. BetcherSupreme Court of Minnesota · 1901
- Reichert v. ReichertNorth Dakota Supreme Court · 1919
- Arkansas Valley Trust Co. v. YoungSupreme Court of Arkansas · 1917