Miniggio v. Hutchins
Court of Appeals for the D.C. Circuit
Hearing on an appeal by a creditor of a decedent’s estate from an order of the Supreme Court of the District of Columbia, holding a probate court, dismissing a petition to compel the collector of the estate to pay his claim. The Court in the opinion stated the facts as follows: This case is closely analogous-to Berry & W. Co. v. Dante, ante, 110, this day decided.
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Hearing on an appeal by a creditor of a decedent’s estate from an order of the Supreme Court of the District of Columbia, holding a probate court, dismissing a petition to compel the collector of the estate to pay his claim. The Court in the opinion stated the facts as follows: This case is closely analogous-to Berry & W. Co. v. Dante, ante, 110, this day decided. The question here involved is whether the probate court erred in refusing to grant the prayer of the petition of appellant, petitioner below, wherein the court was asked to make an order compelling the collector of the estate of…
1Opinion of the CourtJustice Van Orsdel
The only question, therefore, is the jurisdiction of the probate court to entertain this action. Nowhere in the statutes is the probate court vested with authority to compel an executor or administrator to pay a claim against an estate. Under sec. 330 of the Code [31 Stat. at L. 1243, chap. 854], the approval of a claim properly proved relieves the executor or administrator from liability if he elects to pay it; but, by sec. 342 [81 Stat. at *119L. 1244, chap. 854], lie may contest it at law, and, in such action, the approval of the probate court by sec. 343 is deprived of even evidentiary…
2Cases cited1 opinion
- Townshend v. BrookeCourt of Appeals of Maryland · 1850
3Cited by8 opinions
- Andrade v. JacksonDistrict of Columbia Court of Appeals · 1979
- Watkins v. RivesCourt of Appeals for the D.C. Circuit · 1941
- Clawans v. SheetzCourt of Appeals for the D.C. Circuit · 1937
- Jones v. DunlapCourt of Appeals for the D.C. Circuit · 1940
- Perkins v. BergerCourt of Appeals for the D.C. Circuit · 1944
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