McCormick v. Brownell
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Appeal from an order appointing an administrator of the estate of a deceased person. No person is competent to serve as administrator who is not a bona fide resident of Idaho. (Sec. 5355, Rev. Codes.) And a nonresident is incompetent to nominate.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Appeal from an order appointing an administrator of the estate of a deceased person. No person is competent to serve as administrator who is not a bona fide resident of Idaho. (Sec. 5355, Rev. Codes.) And a nonresident is incompetent to nominate. (Sec. '5365, Rev. Codes; In re Muersing’s Estate, 103 Cal. 585, 37 Pac. 520; In re Donovan’s Estate, 101 Cal. 623, 38 Pac. 156; State v. Woody, 20 Mont. 413, 51 Pac. 975.) Only the nominee of one who is himself competent to serve can be…
1Opinion of the CourtStewart, J.
On the 12th day of July, 1912, a petition signed by William McCormick and L. L. Sullivan, attorney in fact, was filed in the probate court of Blaine county, alleging the death of Michael McCormick, on the 11th day of July, 1912, in Hailey, Blaine county, Idaho; that said deceased was a resident of Blaine county, state of Idaho; that the deceased left an estate of real and personal property of about $25,000.
The petition alleges that the next of kin of the deceased, in so far as the petitioners are advised and believe, were William McCormick, a nephew and resident of the state.of Idaho, and…
Also in this document: Concurrence.
2Cases cited3 opinions
- Monroe v. ShielsCalifornia Supreme Court · 1898
- Thomas v. MatthewsIdaho Supreme Court · 1908
- Rowell v. AdamsSupreme Court of South Carolina · 1909
3Cited by6 opinions
- In Re Cloward's EstateUtah Supreme Court · 1938
- Bean v. ClowardUtah Supreme Court · 1938
- Bean v. ClowardUtah Supreme Court · 1938
- Denzo v. MurrayIdaho Supreme Court · 1937
- Estate of De NuncioIdaho Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.