In re Glynn's Estate

Decision Date14 April 1894
Docket Number8696
Citation58 N.W. 684,57 Minn. 21
PartiesIn re Michael Glynn's Estate
CourtMinnesota Supreme Court

Submitted on briefs April 9, 1894.

Appeal by Hazen M. Parker, administrator of the estate of Michael Glynn, deceased, from a judgment of the District Court of Hennepin County, Charles M. Pond, J., entered November 14 1893, disallowing his claim for the expenses of his agent Peter Glynn in looking after the property of the estate and hunting up the next of kin.

Michael Glynn died intestate March 8, 1890, in Hennepin County leaving a brother Peter Glynn, a sister Mary Salmon, and two nephews Henry Anderson and John J. Anderson, children of Catharine, a deceased sister, his next of kin and sole heirs at law. He left estate appraised at $ 1,973.26. On June 3 1890, Hazen M. Parker was appointed administrator of the estate. He performed the duties of the office and on June 28 1892, presented his final account for settlement. He included therein $ 160 paid to Peter Glynn for his expenses in coming from his home in Carteret, New Jersey, to Minneapolis in April, 1890, and remaining until the administrator was appointed. His account also included $ 180 paid Peter Glynn for expenses on a trip to Ireland to hunt up Mary Salmon and the two Anderson children. She and they appeared by attorney and opposed these two items. The Probate Court allowed $ 300 thereof. Mrs. Salmon and the Andersons appealed therefrom to the District Court where both items were disallowed. The administrator thereupon appealed to this court.

Judgment affirmed.

Hazen M. Parker, pro se, cited Mann v. Lawrence, 3 Bradf. 424; Mett's Appeal, 1 Whart. 7; Wall's Appeal, 38 Pa. St. 464; Barney v. Saunders, 16 How. 535; Mason v. Roosevelt, 5 John. Ch. 533.

C. L. Lamb, for the next of kin.

Collins, J. Buck, J., absent, sick, and Canty, J., who, as district judge, tried the case below, took no part.

OPINION

Gilfillan, C. J.

Michael Glynn died in Hennepin county, in this state. His brother Peter Glynn, living in New Jersey, hearing of the death, came to Minneapolis to look after the estate, and remained about two months, till an administrator was appointed. He paid out for railroad fares, board, and other expenses about $ 160. Afterwards, by the advice of the administrator, he went to Ireland to ascertain the whereabouts of other heirs or next of kin, and was gone about two months, expending in traveling and other expenses about $ 180. And he also claims his time...

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