Legal Opinion

Armstrong v. Johnson

Utah Supreme Court

Decided April 19, 1906No. 1717PublishedCited by 18 opinions

Appeal, from District Court, Third District; Geo. G. Armstrong, Judge. Petition by Charles W. Johnson for letters of administration on the estate of William George Owens, deceased. Subsequently a petition was filed by Margaret Williams and another praying that S. B. Armstrong be appointed adminis-tratar. From an arder granting letters to Johnson, Williams and Armstrong appeal. appellant's points. A creditor, is not entitled to letters if any of tbe relatives will accept.

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Appeal, from District Court, Third District; Geo. G. Armstrong, Judge. Petition by Charles W. Johnson for letters of administration on the estate of William George Owens, deceased. Subsequently a petition was filed by Margaret Williams and another praying that S. B. Armstrong be appointed adminis-tratar. From an arder granting letters to Johnson, Williams and Armstrong appeal. appellant's points. A creditor, is not entitled to letters if any of tbe relatives will accept. It is incumbent on a creditor, applying, to-show that the relatives have expressly refused to accept, or at least have…

1Opinion of the CourtBaetch, C. J.

TMs was a proceeding for th'e appointment of an administrator to administer the estate of William George Owens, who died intestate March 30, 1905, at Los Angeles; California, then a resident of Salt Lake City, Utah. On June 27, 1905, the respondent filed a petition in the district court praying that letters of administration be issued to him. In the petition he alleged that the next of kin of the deceased were unknown; that the petitioner was the secretary and treasurer of a certain real estate company, a corporation; and that the corporation was a creditor of the deceased. On June 28, 1905,…

2Cases cited14 opinions

  1. Supervisors v. United StatesSupreme Court of the United States · 1867
  2. Mason v. FearsonSupreme Court of the United States · 1850
  3. Headman v. RoseSupreme Court of Georgia · 1879
  4. Clark v. City of ElizabethSupreme Court of New Jersey · 1898
  5. President of Georgetown College v. BrowneCourt of Appeals of Maryland · 1871

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. RasaboutUtah Supreme Court · 2015
  2. Farnsworth v. HatchUtah Supreme Court · 1915
  3. Johnson v. ArmstrongUtah Supreme Court · 1907
  4. In Re Cloward's EstateUtah Supreme Court · 1938
  5. In re Slater's EstateUtah Supreme Court · 1919

13 more not listed; retrieve them via the Exa API.

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