Stenson v. H. S. Halvorson Co.
North Dakota Supreme Court
Appeal from District Court, Nelson County, Charles M. Cooley, J. Action to determine adverse claim. Erom a judgment in plaintiffs’ favor, defendants appeal. In the case of a person dying intestate, his estate vests at once in his heirs, subject only to the payment of his debts and expenses of administration, and the family allowance. 1 Ross, Prob.
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Appeal from District Court, Nelson County, Charles M. Cooley, J. Action to determine adverse claim. Erom a judgment in plaintiffs’ favor, defendants appeal. In the case of a person dying intestate, his estate vests at once in his heirs, subject only to the payment of his debts and expenses of administration, and the family allowance. 1 Ross, Prob. Law, § 112, citing, Brenham v. Story, 39 Cal. 179; Re Sullivan, 36 Wash. 217, 78 Pac. 945; Bates v. Howard, 105 Cal. 173, 38 Pac. 715; Elder v.. Horseshoe Min. & Mill. Co. 9 S. D. 636, 62 Am. St. Rep. 895, 70 N. W. 1060; Re Schroeder, 46 Cal. 304;…
1Opinion of the CourtFisk, J.
The statement of facts by appellants’ counsel is conceded to be correct with one minor exception, which will be noted later. Such statement is as follows:
Martin G. Flaagan was the son of one Gunder O. Flaagan. Gunder O. Flaagan died October 28, 1911, intestate, leaving among his other heirs, the said Martin G. Flaagan.
Prior to the death of Gunder O. Flaagan he had loaned to his son approximately $900, evidenced by promissory notes, which appear in the record as exhibits A and B. In addition thereto, plaintiffs claim that Martin G. Flaagan was indebted to Gunder O. Flaagan in an open book…
2Cases cited21 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Koons v. MellettIndiana Supreme Court · 1889
- Winkler v. LietmanSupreme Court of Missouri · 1899
- Oxsheer v. NaveTexas Supreme Court · 1897
- Holden v. SpierSupreme Court of Kansas · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Estate of HogenNorth Dakota Supreme Court · 2015
- Wilson v. ChannellSupreme Court of Kansas · 1918
- In Re Estate of GrimesSouth Dakota Supreme Court · 1973
- In Re Estate of SheelerSupreme Court of Iowa · 1939
20 more not listed; retrieve them via the Exa API.