McCormick v. Brownell
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Appeal from an order appointing an administrator of the estate of a deceased person. No person is competent to serve as administrator who is not a bona fide resident of Idaho. (Sec. 5355, Rev. Codes.) And a nonresident is incompetent to nominate.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Appeal from an order appointing an administrator of the estate of a deceased person. No person is competent to serve as administrator who is not a bona fide resident of Idaho. (Sec. 5355, Rev. Codes.) And a nonresident is incompetent to nominate. (Sec. '5365, Rev. Codes; In re Muersing’s Estate, 103 Cal. 585, 37 Pac. 520; In re Donovan’s Estate, 101 Cal. 623, 38 Pac. 156; State v. Woody, 20 Mont. 413, 51 Pac. 975.) Only the nominee of one who is himself competent to serve can be…
1Opinion
ON REHEARING.
STEYENS, District Judge.
This case is before the court on a petition for rehearing filed by the respondent, F. R. Brownell. The opinion, heretofore filed in this case, sets forth the statement of facts fully and in concise language, and it will not be necessary here to reiterate it. The petition states two grounds on which it is urged the supreme court erred in the former opinion: First, that the court erred in holding that William McCormick could, as a matter of right, withdraw his name from the Brownell application, when he had not petitioned to withdraw his name as a matter of…
2Cases cited11 opinions
- In re Estate of BedellCalifornia Supreme Court · 1893
- In re Wilson's EstateNew York Supreme Court · 1895
- Blackburn v. BlackburnMontana Supreme Court · 1913
- In re Estate of TwombleyCalifornia Supreme Court · 1898
- Estate of KeaneCalifornia Supreme Court · 1880
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