Barrett v. Barrett
Wyoming Supreme Court
ERROR to the District Court, Sweetwater Count)'-; Hon". David H. Craig, Judge. The material facts are stated in the opinions. The power of the District Court to grant letters of administration is purely statutory, and the District Court in this case was without jurisdiction to appoint Mary Barrett as administratrix, for the reason that there was no. petition on fife for her appointment, and no opportunity was given to interested persons to file objections thereto. (Comp.
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ERROR to the District Court, Sweetwater Count)'-; Hon". David H. Craig, Judge. The material facts are stated in the opinions. The power of the District Court to grant letters of administration is purely statutory, and the District Court in this case was without jurisdiction to appoint Mary Barrett as administratrix, for the reason that there was no. petition on fife for her appointment, and no opportunity was given to interested persons to file objections thereto. (Comp. Stat. 1910, Sec. 5513; Dugan v. Super. Ct., 149 Cal. 98, 84 Pac. 768; Matter of Page, 107 N. Y. 266, 14 N. E. 193; Shipman…
1Opinion
ON PETITION EOR REHEARING.
Potter, Justice.
A petition for rehearing has been filed in this case by the defendant in error. The proceeding in this court is to review an order denying the petition of James Barrett, a son of Mary Barrett, deceased, for his appointment as administrator of the estate of said decedent, and granting letters of administration to Mary Barrett, a daughter of the decedent. At the former hearing it was ordered that' the cause be remanded with directions to vacate the appointment of Mary and to appoint James administrator upon his qualifying according to law. (138 Pac.…
2Cases cited9 opinions
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Walter Box Co. v. BlackburnCourt of Appeals of Texas · 1913
- Weidenhoft v. PrimmWyoming Supreme Court · 1908
- Bucher v. CameronIndiana Court of Appeals · 1911
- Hecht v. CareyWyoming Supreme Court · 1904
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