Capehart v. Logan

• Decision Date: 01 January 1873
• Citation: 20 Minn. 395
• Parties: A. R. CAPEHART v. J. V. LOGAN, Ex'r, etc.
• Court: Minnesota Supreme Court

Page 395

20 Minn. 395

A. R. CAPEHART

v. J. V. LOGAN, Ex'r, etc.

Supreme Court of Minnesota.

Appeal by plaintiff from an order of the district court, Ramsey county, dismissing his appeal from the decision of commissioners to audit claims against an estate.

A. R. Capehart, for appellant.

Geo. L. Otis, for respondent.

McMILLAN, C. J.

The appellant filed in the probate court of Ramsey county a petition representing that he had presented to the commissioners, appointed to adjust the claims against the estate of Sanford McBrayer, deceased, a claim in his favor amounting to $618.19, of which the said commissioners allowed $405 and disallowed $213.19 thereof; that the commissioners disallowed the first five items and the last item of his said claim, and concluding as follows: "Wherefore your petitioner prays that an order be granted by said court, allowing him to appeal from said report to the district court of said county, so far as the same disallows the sum and items aforesaid, and that the proper record be certified to said court according to the statute in such cases made and provided."

In the court below the respondent moved to dismiss the appeal on the ground that the statute does not allow an appeal from the disallowed items only, but that the appeal must be from the award on the whole claim as presented to the commissioners. The court granted the motion and dismissed the appeal. From the order of dismissal the appeal is taken to this court.

The provisions of statute relating to appeals of this character are found in chapter 53 of the General Statutes, § 20, which allows the appeal, is as follows:

"Any executor, administrator, or creditor may appeal from the decision and report of the commissioners to the district court for the same county, if application for such appeal is made in writing, filed in the probate office within sixty days after the return of the report of the commissioners, in the following cases:

"First, when such commissioners disallow any claim in favor of any creditor or of the estate, in whole or in part, to the amount of $20.

"Second, when the commissioners allow any claim in whole or in part, to the amount of $20."

The commissioners have power to try and decide upon all claims which by law survive against or in favor of executors and administrators, except claims for the possession or title of real estate, and are clothed with the judicial powers necessary to the proper discharge of their duties, Gen. St. c. 53. §§ 9-12. Their decisions are treated throughout the statute as adjudications of the claims upon which they pass. But, in order to be operative, such decisions must be embodied in the report which the commissioners are required to make of their doings to the probate court. Id. §§ 11, 20. This explains the reason why the appeal allowed by section 20, is from "the decision and report," and not from the decision alone. It would seem also to be inferable from this that a reference to the contents of the report of the commissioners will determine what constitutes the "decision" intended in section 20.

The section requiring the report is as follows: "Sec. 11. At the expiration of the time limited, or as soon thereafter as the hearing of the claims presented is completed, the commissioners shall make a report of their doings to the probate court, embracing lists of the claims presented, or exhibited in offset, and stating how much was allowed and how much was disallowed, together with the final balance, whether in favor of the creditor or the estate."

We need not now consider what the report of the commissioners must or may contain, except to say that it must, of course, contain that which is specifically required by this section. The lists of the claims presented, and those exhibited in offset, are required for the purpose of showing all the claims of creditors or executors before the commissioners, and acted upon by them. The statement of how much was allowed, and how much was disallowed, together with the final balance, whether in favor of the creditor or the estate, required by the statute, evidently refers to each claim acted upon by the commissioners, and constitutes, we think, the decision thereon.

It is true the term "final balance," is...