In re Ming
Montana Supreme Court
ORIGINAL proceeding. Application for writ of certiorari, and also for writ of habeas corpus. Action of the court below ordered to be annulled, and the petitioner in the writ of habeas corpus to be discharged from custody. The failure to file accounts was not a cause for the removal or suspension of relator as executrix. (In re Moore, 83 Cal. 586; Cleland v. Bideman, 5 La. Ann. 564; Succession of Head, 28 La.
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ORIGINAL proceeding. Application for writ of certiorari, and also for writ of habeas corpus. Action of the court below ordered to be annulled, and the petitioner in the writ of habeas corpus to be discharged from custody. The failure to file accounts was not a cause for the removal or suspension of relator as executrix. (In re Moore, 83 Cal. 586; Cleland v. Bideman, 5 La. Ann. 564; Succession of Head, 28 La. Ann. 800; Cooper v. Cooper, 5 N. J. Eq. 10.) The jurisdiction of district and probate courts must be kept distinct. (Haverstick v. Ti'udel, 51 Cal. 433; Smithy. Westerfield, 88 Cal. 378;…
1Opinion of the CourtHarwood, J.
— This writ of habeas corpus is accompanied by a writ of certiorari, whereby all the proceedings leading up to the order for the commitment of relator are brought before this court. Thereby it appears that John H. Ming died in the year 1887, leaving, as heirs, Katherine L., widow, and John *83H. and James L. Ming, sons of decedent, to whom decedent had, by last will and testament, bequeathed all his estate, and appointed Katherine L. Ming executrix of said will; that said will was duly admitted to probate, notice to creditors given, and other preliminary matters and proceedings as to said…
2Cases cited2 opinions
- Harris v. LloydMontana Supreme Court · 1891
- In re De Russy's WillNew York Supreme Court · 1891
3Cited by6 opinions
- State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
- Dahlgren v. Superior CourtCalifornia Court of Appeal · 1908
- Parmenter v. Ray, County JudgeSupreme Court of Oklahoma · 1916
- State ex rel. Eakins v. District Court of the Second Judicial DistrictMontana Supreme Court · 1906
- Estate of French v. KellyMontana Supreme Court · 1960
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