Nelson v. Stull
Supreme Court of Kansas
Error from Ottawa district court; R. F. Thompson, judge. STATEMENT. One Christian Nelson died in Ottawa county, Kansas, on the 17th day of September, 1897, leaving quite an estate, consisting of both real and personal property. A portion of this property passed to Emma C. Davis, a married daughter. The- plaintiff in error, John H. Nelson, a son, and one Binns, a son-in-law, were appointed executors of the will of.said Christian Nelson and qualified as such.
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Error from Ottawa district court; R. F. Thompson, judge. STATEMENT. One Christian Nelson died in Ottawa county, Kansas, on the 17th day of September, 1897, leaving quite an estate, consisting of both real and personal property. A portion of this property passed to Emma C. Davis, a married daughter. The- plaintiff in error, John H. Nelson, a son, and one Binns, a son-in-law, were appointed executors of the will of.said Christian Nelson and qualified as such. These executors came into the possession of the personal property belonging to the estate. Soon after the death of Christian Nelson, and…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J.:
The first question which confronts us in this action is whether, under our garnishment laws, an executor or administrator may be charged as garnishee in respect to funds in his hands belonging to an heir or legatee, in cases where the estate has not been fully settled and where no order of final distribution has been made. Both parties to *589this action agree that this is substantially the color which the question assumes ; for while Nelson was summoned as garnishee in his individual capacity, and not as executor, it appears that he had…
2Cases cited2 opinions
- Young v. WhittenhallSupreme Court of Kansas · 1875
- J. I. Case Threshing Machine Co. v. MiracleWisconsin Supreme Court · 1882
3Cited by15 opinions
- State v. HillSupreme Court of Kansas · 1962
- Sherman v. HavensSupreme Court of Kansas · 1915
- Woodbine Savings Bank v. YagerSouth Dakota Supreme Court · 1932
- Martin v. GassertSupreme Court of Oklahoma · 1914
- State Ex Rel. Carrington v. SchuttsSupreme Court of Kansas · 1975
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