Chapman v. Handley
| Decision Date | 29 January 1894 |
| Docket Number | No. 206,206 |
| Citation | 38 L.Ed. 227,151 U.S. 443,14 S.Ct. 386 |
| Parties | CHAPMAN et al. v. HANDLEY et al |
| Court | U.S. Supreme Court |
J. G. Sutherland, for appellants.
E. D. Hoge and Arthur Brown, for appellees.
Ruth A. Newsom, nee Handley, Benjamin T. Handley, Harvey L. Handley, and Sarah A. Chapman filed their petition in the probate court of Salt Lake county, Utah territory, in the matter of the estate of George Handley, deceased, setting forth the death of said George Handley, May 25, 1874, intestate; the appointment and qualification of Elizabeth, his widow, as administratrix of his estate, April 12, 1888; the expiration of the time for the presentation of claims after publication of notice; the filing of the inventory of said estate, describing certain real property; the sale of a portion under order of court, and payment of the account for which the money obtained through such sale was needed, leaving a balance on hand; the filing of a final account, and the fixing of a day for hearing thereon; and proceeding thus:
'Your petitioners therefore pray that they may be recog- nized as heirs at law of said George Handley, deceased, equally with said four children of said deceased first above named, your petitioner, Sarah A. Chapman, as mother, in place and as representative of said Mary Handley, deceased, and that, after the hearing upon said account of said administratrix, the said estate may be divided among and distributed to said heirs at law according to their respective interests; that one-half of said estate may be apportioned to your petitioners.'
The record does not contain the order of the probate court on this petition, but it otherwise appears and is conceded that the prayer of the petitioners was denied. Thereupon an appeal was taken therefrom by petitioners to the district court for the third judicial district of the territory and the county of Salt Lake, by which special findings of fact and conclusions of law were filed, and it was ordered that the petition be dismissed.
The petitioners appealed to the supreme court of Utah territory, and the judgment of the district court was affirmed. 24 Pac. 673. The pending appeal was then taken to this court.
The total value of the estate in controversy was found to be $25,000, and counsel for appellants thus states his case: ...
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In re Handley's Estate
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