Thomas v. Matthews
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge, From a judgment of the district court affirming an order of the probate court appointing an administrator, petitioners Jennie S. Thomas and John J. Daggett, appealed. When parties apply in the order fixed by statute, being themselves competent, the statutory order must be followed, and any other action is a violation of the plain provisions of the law.
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APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge, From a judgment of the district court affirming an order of the probate court appointing an administrator, petitioners Jennie S. Thomas and John J. Daggett, appealed. When parties apply in the order fixed by statute, being themselves competent, the statutory order must be followed, and any other action is a violation of the plain provisions of the law. (Owens’ Estate, 30 Utah, 351, 85 Pae. 277; Hawley’s Estate, 76 N. Y. Supp. 461, 37 Misc. Rep. 667; 18 Cyc. 83, sec. 2; Li Po…
1Opinion of the CourtAilshie, C. J.
(After Stating the Facts.) — The first question to be determined in this case is: Can one who is himself entitled to administer upon an estate, by filing a request for the appointment of another, thereby advance the one for whom the request is made to the same rank and class as the one making the request? Sec. 5351 of the Eev. Stat. reads as fol-laws:
“Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are respectively entitled thereto in the following order:
“1. The surviving husband or wife or some…
2Cases cited5 opinions
- In re Estate of BedellCalifornia Supreme Court · 1893
- Brundage v. Union Trust Co.California Supreme Court · 1904
- In re the Estate of DorrisCalifornia Supreme Court · 1892
- Abrahams v. HosselkusCalifornia Supreme Court · 1898
- Estate of MorganCalifornia Supreme Court · 1878
3Cited by6 opinions
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- Larson v. StewartWashington Supreme Court · 1912
- McCormick v. BrownellIdaho Supreme Court · 1913
- In re the Estate of MeyerHawaii Supreme Court · 1920
- Schwarze v. LoganIdaho Supreme Court · 1939
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