Dunn v. Wallingford
Utah Supreme Court
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Louis Dunn against Hárry S. Wallingford and the Salt Lake Security & Trust Company, a corporation, administrator of the estate of Ethel Wallingford, deceased. Judgment for defendants. Plaintiff appeals. APPELLANT’S POINTS. It is doubtful if the probate division of this court would have any authority to determine the rights of any persons save heirs, legatees or devisees.
Read the full summary
Appeal from District Court, Third District; Hon. Geo. G. Armstrong, Judge. Action by Louis Dunn against Hárry S. Wallingford and the Salt Lake Security & Trust Company, a corporation, administrator of the estate of Ethel Wallingford, deceased. Judgment for defendants. Plaintiff appeals. APPELLANT’S POINTS. It is doubtful if the probate division of this court would have any authority to determine the rights of any persons save heirs, legatees or devisees. If this were true, a bill for specific performance joining the administrator would be the only remedy. (Estate■ of Byder, 141 Cal. 366; In…
1Opinion of the CourtFrick, J.
Plaintiff commenced this action in the district court of Salt Lake County against Harry S. Wallingford, who, it is admitted, is the surviving husband and only heir of Ethel Wal-lingford, deceased, late of Salt Lake County, and also against Salt Lake Security & Trust- Company, a corporation, as administrator of the estate of said Ethel Wallingford, deceased, hereafter called administrator, to determine and establish his rights under a certain writing or agreement which was executed by the plaintiff and said Harry S. Wallingford after the death of his said wife. The agreement reads as follows:
“T…
2Cases cited9 opinions
- Blount v. WheelerMassachusetts Supreme Judicial Court · 1908
- In Re the Judicial Settlement of the Account of RandallNew York Court of Appeals · 1897
- Lanyon Zinc Co. v. FreemanSupreme Court of Kansas · 1904
- Leyson v. RootMontana Supreme Court · 1903
- Estate of RyderCalifornia Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Church v. QuinerWyoming Supreme Court · 1924
- Bingham v. Walker Bros., BankersUtah Supreme Court · 1929
- Wasatch Livestock Loan Co. v. NielsonUtah Supreme Court · 1936
- Forsey v. HaleUtah Supreme Court · 1962
- Gappert v. BornerNorth Dakota Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.