Legal Opinion

Garver v. Thoman

Arizona Supreme Court

Decided October 8, 1913No. Civil No. 1312PublishedCited by 30 opinions

APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. This is an action by A. J. Thoman and Elizabeth Thoman, his wife, for commissions earned by Elizabeth Thoman as real estate broker in procuring a purchaser of some real property belonging to the estate of E. 0. Slocum, deceased.

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APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. This is an action by A. J. Thoman and Elizabeth Thoman, his wife, for commissions earned by Elizabeth Thoman as real estate broker in procuring a purchaser of some real property belonging to the estate of E. 0. Slocum, deceased. It is based upon a contract with Maude Garver, executrix of the estate, by the terms of which contract it is alleged that Elizabeth Thoman was requested, verbally and in writing, to sell lots 16, 17, and 18 in block 65, city of Phoenix,…

1Opinion of the CourtRoss, J.

The appellees and the intervener have proceeded in the matter of their demands in the manner the statutes require creditors of the estate to proceed in order to collect their demands. Creditors of the estate are persons who are such or become such- because of some dealings or transactions with the decedent during his lifetime. Their claims are debts or obligations with which the personal representative had nothing to do originally. The law pro*42vides a method for their verification and approval. Pars. 1743, 1745, 1746, Rev. Stats. 1901.

And should the executor or probate judge (superior judge)…

2Cases cited14 opinions

  1. Sharon v. SharonCalifornia Supreme Court · 1888
  2. Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
  3. In re Estate of LevinsonCalifornia Supreme Court · 1895
  4. In re Estate of OgierCalifornia Supreme Court · 1894
  5. People v. JamesCalifornia Supreme Court · 1895

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3Cited by30 opinions

  1. Shreeve v. GreerArizona Supreme Court · 1946
  2. Shattuck v. ShattuckArizona Supreme Court · 1948
  3. Mortensen v. KnightArizona Supreme Court · 1956
  4. Elerick v. RocklinArizona Supreme Court · 1967
  5. Galbraith v. JohnstonArizona Supreme Court · 1962

25 more not listed; retrieve them via the Exa API.

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