In re the Estate of McClellan
South Dakota Supreme Court
Original petition in the Supreme Court, by James S. McClellan and others for a writ of prohibition restraining the Circuit Court of Minnehaha County from permitting the State to appear in a proceeding therein pending upon appeal from the County ■Court, for the final distribution of the estate of John McClellan, deceased.
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Original petition in the Supreme Court, by James S. McClellan and others for a writ of prohibition restraining the Circuit Court of Minnehaha County from permitting the State to appear in a proceeding therein pending upon appeal from the County ■Court, for the final distribution of the estate of John McClellan, deceased. The state of South Dakota has no right to appear and contest the question of heirship, on the final settlement and distribution of the estate of John McClellan, deceased. First: Because the appointment of the administrator on the petition of James S. McClellan, he claiming to…
1Opinion of the CourtSmith, J.
James S. McClellan and others, claiming to be heirs at law of John McClellan, deceased, have filed in this court a verified petition alleging that John McClellan died intestate in Minnehaha county on or about August 3, 1899; that on the 6th clay of November, 1911, upon the petition of said James S. McClellan, claiming to be the son and heir at law of decedent, letters of administration were issued ho one George T. Blackman; that on the 9th day of February, 1912, said administrator filed his final account of administration, together with a petition for final distribution of the estate; that,…
2Cases cited3 opinions
- McClellan v. StateSouth Dakota Supreme Court · 1911
- Halde v. SchultzSouth Dakota Supreme Court · 1903
- Wallahan v. IngersollIllinois Supreme Court · 1886
3Cited by5 opinions
- Delaney v. StateNorth Dakota Supreme Court · 1919
- S. D. State Veterans' Home v. Nat'l BankSouth Dakota Supreme Court · 1975
- Evans' Estate v. RobertsCourt of Appeals of Texas · 1946
- In the Estate of Armstrong, Texas Court of Appeals, 4th District (San Antonio)2004
- In re McClellan's EstateSouth Dakota Supreme Court · 1917