Gatch v. Simpson
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This proceeding was instituted in ,the county court by Claud Gatch, administrator de bonis non of the estate of W. J. Herren, deceased, against M. W. Hunt, administrator of the estate of J. J. Shaw, deceased, the former administrator of the Herren estate, and against the sureties on Shaw’s bond, to require the former to file the papers and vouchers in his possession showing the disbursements made by his intestate, and the latter to make…
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From Marion: Reuben P. Boise, Judge. This proceeding was instituted in ,the county court by Claud Gatch, administrator de bonis non of the estate of W. J. Herren, deceased, against M. W. Hunt, administrator of the estate of J. J. Shaw, deceased, the former administrator of the Herren estate, and against the sureties on Shaw’s bond, to require the former to file the papers and vouchers in his possession showing the disbursements made by his intestate, and the latter to make final settlement of their principal’s accounts. The petition alleges, in substance, that on the twenty-ninth of April,…
1Opinion of the Court
Mr. Chibe' Justice Bean,
after stating the facts, delivered the opinion of the court.
1. It is first contended that the petitioner had no authority to institute this proceeding. At common law the authority of an administrator de bonis non extended to only such- of the *93estate of the deceased as remained unadministered or unconverted by his predecessor. He could not maintain an action to recover converted assets, but that- right belonged to the heirs, legatees, creditors, or others interested in the estate: 2 Woerner, Administration (2 ed.), § 536; Bradshaw v. Commonwealth, 3 J. J. Marsh, 632.…
2Cases cited15 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Heirs of Clark v. EllisOregon Supreme Court · 1881
- Irwin v. BackusCalifornia Supreme Court · 1864
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Chaquette v. OrtetCalifornia Supreme Court · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rutenic v. HamakarOregon Supreme Court · 1902
- Hill v. Superior CourtCalifornia Supreme Court · 1940
- Murray's EstateOregon Supreme Court · 1910
- Fitchard v. Estate of HirschbergOregon Supreme Court · 1928
- Cutting v. ScherzingerOregon Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.