Territory ex rel. Kenna v. Cox
Montana Supreme Court
Appeal from First District, Madison County. This cause was tried in the court below by Blare, «J., and the facts appear sufficiently in the opinion of the court. Complaint does not show that the necessary steps were taken to revoke the letters of administration. The averment “ duly revoked” is insufficient. Cod. Sts. 321, §35; 323, §49; Beach v. King, 17 Wend. 197 ; 13 How. 413; 7 Barb. 206. The proper foundation was never laid to begin the action.
Read the full summary
Appeal from First District, Madison County. This cause was tried in the court below by Blare, «J., and the facts appear sufficiently in the opinion of the court. Complaint does not show that the necessary steps were taken to revoke the letters of administration. The averment “ duly revoked” is insufficient. Cod. Sts. 321, §35; 323, §49; Beach v. King, 17 Wend. 197 ; 13 How. 413; 7 Barb. 206. The proper foundation was never laid to begin the action. There should have been an administrator cfe bonis non appointed for the purpose of settling the accounts and making distribution. Cod. Sts. 323,…
1Opinion of the CourtWade, C. J.
This is an action upon the bond of an executor, prosecuted in the name of the Territory, to and for the use of a minor heir and devisee, by his attorneys. The questions presented by the appeal arise upon the complaint, and by the aver-ments tiiereof it appears that on the 26th day of December, 1864, one Thomas M. Kenna, late of Madison county, departed this life, leaving a will in which the defendant Jacob B. Cox was named executor, which will was duly admitted to probate, and on the 12th day of January, 1865, Cox accepted the trust and qualified as executor, and gave bond as such,…
2Cited by4 opinions
- Harmon v. Comstock Horse & Cattle Co.Montana Supreme Court · 1890
- Murphy v. PhelpsMontana Supreme Court · 1892
- Sweeney v. Great Falls & Canada Railway Co.Montana Supreme Court · 1892
- Beyerlein v. WhitcombMontana Supreme Court · 1933