Morris v. Virden
Supreme Court of Arkansas
Appeal from Benton Circuit court. Fdward S. McDaniee, Judge. "Willard Virden and others filed a petition in the probate court, stating that they were heirs at law of Jonathan Pratt, and as such interested in his estate and in the assets shown by the administrator thereof to be in his hands.
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Appeal from Benton Circuit court. Fdward S. McDaniee, Judge. "Willard Virden and others filed a petition in the probate court, stating that they were heirs at law of Jonathan Pratt, and as such interested in his estate and in the assets shown by the administrator thereof to be in his hands. They prayed to be allowed to establish by proof their interest in said estate ; that the court ascertain their respective interests, and order the administrator to distribute the same upon the condition provided bylaw. Morris, as administrator of said estate, appeared and objected to a distribution on the…
1Opinion of the CourtHemingway, J.
All persons entitled to share in the distribution of an estate should be parties to the proceeding for an order of distribution. If all do not join in the petition, such as do not should be notified of its pendency and thereby afforded an opportunity to contest the claims of the petitioners and establish their own rights. Mansf. Dig. sec. 151; 2 Woerner on Administration, sec. 561; Neal v. Robertson, 55 Ark. 79. If one of the distributees dies before an order of distribution is made, his personal representative is a necessary party, and no order can be properly made unless he is made such. 2…
2Cases cited10 opinions
- Smith v. RiceMassachusetts Supreme Judicial Court · 1814
- Shores v. HooperMassachusetts Supreme Judicial Court · 1891
- Thomas v. People ex rel. JoinerIllinois Supreme Court · 1883
- Cason v. CasonMississippi Supreme Court · 1856
- Shriver v. State ex rel. ReisterCourt of Appeals of Maryland · 1886
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3Cited by2 opinions
- Horton v. BartoWashington Supreme Court · 1910
- In re Estate of OvertonCourt Of Appeals Of Indian Territory · 1904