Carter v. Hutchens

The bill is filed by the Hutchens Company, a partnership, as a simple contract creditor of the estate of W. E. Willmarth, deceased, the administration of which was pending in the probate court, but as to which no steps had been taken for a final settlement. A removal of the administration from the probate into the equity court was sought and or-der so entered.

The demurrer to the amended bill rests upon the theory that complainant, a creditor, is not one of the class named in section 6478, Code 1923. The answer is that the bill is not rested upon that statute but upon the general jurisdiction…