151 U.S. 443 (1894), 206, Chapman v. Handley

Docket Nº:No. 206
Citation:151 U.S. 443, 14 S.Ct. 386, 38 L.Ed. 227
Party Name:Chapman v. Handley
Case Date:January 29, 1894
Court:United States Supreme Court
 
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Page 443

151 U.S. 443 (1894)

14 S.Ct. 386, 38 L.Ed. 227

Chapman

v.

Handley

No. 206

United States Supreme Court

January 29, 1894

Submitted January 17, 1894

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF UTAH

Syllabus

Under the statutes of the Territory of Utah relating to the distribution of the personal property of a deceased person among those entitled to share in the distribution, the claims of the distributees are several, and not joint, and when the claims of each are less than the amount necessary to give this Court jurisdiction, two or more cannot be joined, in order to raise the sum in dispute to the jurisdictional amount.

Page 444

FULLER, J., lead opinion

MR. CHIEF JUSTICE FULLER delivered the opinion of the Court.

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:

Said George Handley died, leaving, him surviving, the said Elizabeth Handley, his widow, and his eight children and heirs at law, named, respectively, John Handley, William F. Handley, Charles T. Handley, Emma Handley, Ruth A. Newsom, Benjamin T. Handley, Mary F. Handley, and Harvey L. Handley. The four first named are the children of said deceased and said Elizabeth, his lawful wife, and the last four were children of said deceased and your petitioner, Sarah A. Chapman, his plural wife according to the tenets and rites of the Mormon Church; that all said children are now living except Mary Handley, who died without issue or having been married, on the 28th day of September, 1879; that all said children are of age except said Harvey Handley, who is sixteen years of age.

[14 S.Ct. 387]

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