Legal Opinion

Craigie v. McArthur

U.S. Circuit Court for the District of Minnesota

Decided December 15, 1877PublishedCited by 2 opinions

James G. Craigie died in Otter Tail county, in the state of Minnesota, September 8, 1872, leaving real and personal estate, and on petition of Annie McArthur letters of administration were granted to her March 13, 1876, by the probate court of that county.

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James G. Craigie died in Otter Tail county, in the state of Minnesota, September 8, 1872, leaving real and personal estate, and on petition of Annie McArthur letters of administration were granted to her March 13, 1876, by the probate court of that county. On May 18, 1876, the administratrix filed a petition for a final accounting, and for distribution of the estate, in which she claimed to be the sole heir at law of said James G. Craigie, deceased, and prayed that a decree be entered assigning to and vesting in her all the real and personal property in her hands or otherwise, belonging .to…

1Opinion of the Court

NELSON, District Judge.

Conceding, for the sake of the argument, that the probate of a will and the appointment of an administrator of an intestate’s estate are not proper subjects to be determined in the federal courts, yet, when the estate is ready for distribution and a claim is made for the whole of the estate or a portion thereof, and contested, if the necessary conditions exist, I think a removal is authorized on proper application being made. All the essential elements of a controversy exist. There are parties, and a contest in reference to property, and informal pleadings under which…

2Cases cited2 opinions

  1. Patterson v. Mississippi & R. R. Boom Co.U.S. Circuit Court for the District of Minnesota · 1875
  2. Withee v. RoweSupreme Judicial Court of Maine · 1858

3Cited by2 opinions

  1. In re FoleyU.S. Circuit Court for the District of Nevada · 1896
  2. Katz v. Herschel Mfg. Co.U.S. Circuit Court for the District of Nebraska · 1906

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