Legal Opinion

In re McClellan's Estate

South Dakota Supreme Court

Decided April 3, 1906PublishedCited by 12 opinions

Appeal from Circfiit Court, Minnehaha Count}'. Hon. A. W. CampbEij,, Judge. Judicial settlement of the estate of John McClellan, deceased. Rrom a decree of the circuit court setting aside the appointment of William Van Eps, the administrator, Mary A. Vine and others, as. alleged brothers and sisters of the decedent, and John S. McClellan and others, as alleged children and grandchildren of decedent, appeal.

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Appeal from Circfiit Court, Minnehaha Count}'. Hon. A. W. CampbEij,, Judge. Judicial settlement of the estate of John McClellan, deceased. Rrom a decree of the circuit court setting aside the appointment of William Van Eps, the administrator, Mary A. Vine and others, as. alleged brothers and sisters of the decedent, and John S. McClellan and others, as alleged children and grandchildren of decedent, appeal. Administration must he granted to the persons entitled to inherit in the order named in the statute. In the event of the failure of heirs or next of kin the right devolves upon creditors.…

1Opinion of the CourtHaney, J.

A resident of. Sioux Falls, known as “John McClellan,” died intestate in that city August 3, 1899. Directly, numerous petitions for letters of administration were filed in the county court, among which were the following: One by E. J. Taber, as next friend and alleged creditor, praying appointment of himself; one by H. H. Keith, as an alleged creditor, praying appointment of himself; one by the State Banking & Trust Company, as an alleged creditor, praying appointment oí E. J. Taber; one by Margaret Hammil and Mary McClelland, as alleged nieces of the decedent, praying appointment of William…

2Cases cited11 opinions

  1. Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
  2. Schmidt v. SchmidtSupreme Court of Minnesota · 1891
  3. Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
  4. Hulst v. Benevolent Hall Ass'nSouth Dakota Supreme Court · 1896
  5. Reid v. KelloggSouth Dakota Supreme Court · 1896

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3Cited by12 opinions

  1. Bilby v. StewartSupreme Court of Oklahoma · 1915
  2. Shaw v. ShawSouth Dakota Supreme Court · 1911
  3. Steensland v. NoelSouth Dakota Supreme Court · 1912
  4. City of Brookings v. ThomsenSouth Dakota Supreme Court · 1970
  5. McKinnon v. FullerSouth Dakota Supreme Court · 1914

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

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