O'Brien v. LaRson

• Decision Date: 31 January 1898
• Parties: O'BRIEN ET AL. v LARSON ET AL.
• Court: Minnesota Supreme Court

71 Minn. 371

74 N.W. 148

O'BRIEN ET AL.vLARSON ET AL.

Supreme Court of Minnesota.

Jan. 31, 1898.

(Syllabus by the Court.)

1. Section 4514, Gen. St. 1894, provides that no claim against a person deceased shall be a charge against or lien upon his estate unless presented to the probate court within five years after his death. The probate court erroneously allowed claims not presented within the five years. Held, the error did not go to the jurisdiction, and the judgments allowing the claims are not void. Held, further, an action will not lie in the district court to enjoin the sale of real estate pursuant to the license of the probate court, for the payment of the claims.

2. Also, that this action cannot be maintained under section 5434, Gen. St. 1894, to set aside the judgments allowing the claims, if for no other reason, because the complaint does not show that the plaintiffs used due diligence to defend against the allowance of the claims in the probate court.

Appeal from district court, Kandiyohi county; Gorham Powers, Judge.

Action by Nora O'Brien and others, by their guardian ad litem, John W. O'Brien, and another, against Peter Larson, as administrator of the estate of John Larson, deceased, and others. Defendants had judgment. From an order denying a motion for a new trial, plaintiffs appeal. Affirmed.

John T. Byrnes and M. C. Brady, for appellants.

George Muller and Daniel Fish, for respondents.

CANTY, J.

The complaint in this action alleges that John O'Brien, a resident of Kandiyohi county, died in April, 1887, leaving, surviving him, a widow and several children, some of whom are the plaintiffs in this action; that he left a considerable amount of real and personal property, but left no debts except such as were afterwards paid by his widow; that his widow died in January, 1894, and in July of that year letters of administration on his estate were issued to his son Dennis S. O'Brien, who qualified and entered upon his duties: that on May 6, 1895, 16 claims were presented to the probate court against said estate, and the administrator fraudulently conspired with the persons filing the same to permit the same to be allowed against the estate by the probate court, and they were so allowed, all of which claims were made on account of debts contracted by the widow long after the death of John O'Brien. These alleged creditors are all made defendants, and said real estate is all duly described. It is further alleged that on May 4, 1896, the administrator resigned, and the defendant Peter Larson was appointed in his place; that he qualified and entered on the discharge of his duties; that on August 10, 1896, the probate court granted license to sell said real estate for the payment of the said debts, and, pursuant to said license, the administrator, Larson, has advertised the lands for sale, and threatens to sell the same. The relief asked is for a temporary and a permanent injunction, restraining defendants from selling the real estate, and that the court declare that said claims are not a lien on the same. Defendants answered, and on the trial the court ordered judgment in their favor on the pleadings. From an order denying a new trial, plaintiffs appeal.

Section 4514, Gen. St. 1894, provides: “No claim against a decedent shall be a charge against or...