Simonton v. Simonton
Idaho Supreme Court
APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Seales, Judge. . Action to compel administratrix to account for and inventory certain property and to recover judgment against the estate on a rejected claim. Judgment for defendant.
Read the full summary
APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Seales, Judge. . Action to compel administratrix to account for and inventory certain property and to recover judgment against the estate on a rejected claim. Judgment for defendant. Any party, interested in an estate, including a creditor, can maintain an action against the representative of the estate, who adversely claims property belonging to the estate, to recover such property to the use of the estate. (jHillman v. Young, 64 Or. 73, 127 Pae. 793, 129 Pac. 124; Hadley v. Hadley, 73 Or.…
1Opinion of the CourtBudge, J.
The second amended complaint upon which this action is based purports to contain two causes of action, one to compel the respondent as the administratrix of the estate of Rolvin D. Sdmonton, deceased, to account for and inventory certain property alleged to belong to the estate and not included in the inventory, and which she claims as her own, and to determine the- title thereto. The second cause of action is to recover judgment on a claim which had been presented to the administratrix and disallowed, the Claim being based upon a decree of the district court of Kootenai county and awarding…
2Cases cited38 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Lynde v. LyndeSupreme Court of the United States · 1901
- Nelson v. NelsonSupreme Court of Missouri · 1920
- Galland v. GallandCalifornia Supreme Court · 1869
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
33 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Despain v. DespainIdaho Supreme Court · 1956
- Simpson v. SimpsonIdaho Supreme Court · 1931
- Simmons v. SimmonsSouth Dakota Supreme Court · 1940
- Sauvageau v. SauvageauIdaho Supreme Court · 1938
- In Re the Estate of RandallIdaho Supreme Court · 1942
36 more not listed; retrieve them via the Exa API.