Wright v. Merrill
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge, Judge. Appeal from a judgment appointing an administrator of the estate of Body Thornton, deceased.
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APPEAL from the District Court of the Fifth Judicial District, in and for Bear Lake County. Hon. Alfred Budge, Judge. Appeal from a judgment appointing an administrator of the estate of Body Thornton, deceased. The sole question to be determined in the case at bar is whether or not a nonresident brother of the deceased, who is himself incompetent to administer by reason of his non-residence, can by request advance a person from the eleventh class to a priority over a person of the tenth class. Sections 5351 and 5365 of our codes are identical with sections 1365 and 1379, Cal. Code Civ. Proc.…
1Opinion of the CourtSullivan, J.
This is an appeal from a judgment of the district court affirming the decision of a probate court in the appointment of J. G. Merrill as administrator of the estate of Rody Thornton, deceased.
It appears from the facts of the case that said deceased was at one time a resident of the state of Wyoming and died intestate in the county of Bear Lake, Idaho, while temporarily residing in Idaho. He left property in Bear Lake county of the estimated value of $3,525. He was unmarried at the time of his death and none of his heirs resided in this state. Said Thornton departed this life on the 4th day of…
2Cases cited2 opinions
- In re the Estate of BeechCalifornia Supreme Court · 1883
- Merrill v. StateWyoming Supreme Court · 1913
3Cited by5 opinions
- Vaught v. StrubleIdaho Supreme Court · 1941
- Estate of GerardArizona Supreme Court · 1937
- Com., Wootton, Atty. General v. McCallCourt of Appeals of Kentucky (pre-1976) · 1934
- Denzo v. MurrayIdaho Supreme Court · 1937
- Estate of De NuncioIdaho Supreme Court · 1937