Henry A. Swan and Peggy Ann Swan v. Estate of Robert Roseman Monette by Ollie Monette, Administratrix

I fully concur in the opinion. However, I cannot pass this opportunity to observe there is basic appeal to plaintiff’s approach.

In Byers v. McAuley, 149 U.S. 608, 620, 13 S.Ct. 906, 910, 37 L.Ed. 867 (1893), the United States Supreme Court observed:

“A citizen of another State may establish a debt against the estate. Yonley v. Lavender, 21 Wall. 276 [22 L.Ed. 36]; Hess v. Reynolds, 113 U.S. 73, [5 Sup.Ct.Rep. 377, 28 L.Ed. 927]. But the debt thus established must take its place and share of the estate as administered by the probate court; and it cannot be enforced by process directly against…