Atchison Savings Bank v. Wheeler's Administrator
Supreme Court of Kansas
Error from Doniphan District Court. In January 1874, Abijah Wheeler died intestate, at the city of Doniphan, in Doniphan county, leaving a widow and children. He owned a farm in Atchison county, and several lots in the city of Doniphan. I. N. Smallwood was appointed administrator of Wheeler’s estate, by the probate court of Doniphan county, and served as such until October 1875, when he was removed, and John F. Wilson was appointed in his place.
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Error from Doniphan District Court. In January 1874, Abijah Wheeler died intestate, at the city of Doniphan, in Doniphan county, leaving a widow and children. He owned a farm in Atchison county, and several lots in the city of Doniphan. I. N. Smallwood was appointed administrator of Wheeler’s estate, by the probate court of Doniphan county, and served as such until October 1875, when he was removed, and John F. Wilson was appointed in his place. Wilson resigned in April 1876, whereupon H. H. Wheeler, a son of said intestate, was appointed administrator, and has since been acting as such. On…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question of importance in this case is, were the premises described in the application filed on 1st June 1877 in the probate court of Doniphan county by the plaintiffs in error, to open the settlement of the estate of Abijah Wheeler, deceased, and have further administration, exempt as a homestead? If this land was assets in the hands of the administrator, th'e estate had not been fully administered, and the plaintiffs in error have the right to complain of the decision and judgment of the district court. If the land was the homestead…
2Cases cited5 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Titman v. MooreIllinois Supreme Court · 1867
- Cabeen v. MulliganIllinois Supreme Court · 1865
3Cited by12 opinions
- Thompson v. MillikinSupreme Court of Kansas · 1918
- Giblin v. BeelerCourt of Appeals for the Tenth Circuit · 1968
- Randolph v. WilhiteSupreme Court of Kansas · 1908
- In Re RuckUnited States Bankruptcy Court, D. Kansas · 2011
- In Re SauerUnited States Bankruptcy Court, D. Kansas · 2009
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