Moore's Estate v. Moore
| Citation | 33 Neb. 509,50 N.W. 443 |
| Parties | MOORE'S ESTATE v. MOORE. |
| Decision Date | 25 November 1891 |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
1. By section 177, c. 23, Comp. St., jurisdiction is conferred upon the county court of the county where the deceased person was a resident at the time of his death to grant letters of administration. Where the deceased was a non-resident of the state, leaving property in this state to be administered, an administrator may be appointed, in a proper case, by the county court of any county in which there is an estate to be administered.
2. The petition for the appointment of an administrator must allege the necessary facts which confer jurisdiction, and, if it fail so to do, the appointment and all subsequent proceedings are without jurisdiction and void.
3. Where a sufficient petition for administration is presented to the proper court, and the statutory notice is given, the action of the court in appointing an administrator cannot be questioned on the hearing of objections to the allowance of a claim presented against the estate. It will be presumed to have acted upon sufficient evidence.
4. Where a deceased intestate leaves no personalty, but an estate in lands, and owes debts for the payment of which it is necessary to sell the lands, administration may be granted upon the basis of the real property alone.
Error to district court, Dawson county; HAMER, Judge. Affirmed.
Josephus Moore petitioned for administration on the estate of Hamilton Moore, deceased, and John B. Sheldon was appointed and qualified as administrator. Moore then presented a claim against the estate, which was allowed by the county court. On appeal to the district court the claim was again allowed. Sylvanus Moore, one of the heirs, brings error.J. W. Smith and H. M. Sinclair, for plaintiff in error.
The defendant in error, Josephus Moore, in January, 1888, filed his petition in the county court of Dawson county, praying that letters of administration be granted upon the estate of his deceased father, Hamilton Moore. Subsequently, upon the hearing had for that purpose, letters of administration were granted upon said estate to one John B. Sheldon, who qualified as such officer, and entered upon the discharge of the duties of his office. Afterwards, on the 12th day of July, 1888, the defendant in error presented to said county court the following claim against said estate, to-wit:Estate of Hamilton Moore, deceased, in account with Josephus Moore.
+------------------------------------------------------------------------------+
¦ ¦Dr. ¦Cr. ¦
+--------------------------------------------------------------+-------+-------¦
¦To labor from March 1st, 1873, to November 1st, 1885, with the¦$3,525 ¦ ¦
¦exception of eleven months ¦00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦1873, 1874. To moneys laid out and expended ¦315 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦February, 1887. To moneys laid out and expended ¦75 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦June, 1884. To moneys laid out and expended ¦575 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦July, 1885. To moneys laid out and expended ¦200 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦October, 1885. To moneys laid out and expended ¦400 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦October, 1885. For breaking done for Hamilton Moore ¦30 00 ¦ ¦
+--------------------------------------------------------------+-------+-------¦
¦By moneys had at various times from March 1st, 1873, to ¦ ¦$ 300 ¦
¦October, 1884. ¦ ¦00 ¦
+--------------------------------------------------------------+-------+-------¦
¦By balance ¦ ¦4,820 ¦
¦ ¦ ¦00 ¦
+--------------------------------------------------------------+-------+-------¦
¦ ¦$5,120 ¦$5,120 ¦
¦ ¦00 ¦00 ¦
+------------------------------------------------------------------------------+
On the 16th day of August, 1888, Sylvanus Moore, one of the heirs of said estate, filed with said court written objections to the allowance of said claim on the following grounds: First. The court had no jurisdiction to appoint an administrator, and the pretended administration of said estate is unauthorized and void. Second. That said estate is not indebted to Josephus Moore, the claimant, in any sum whatever. On the hearing the county court allowed the sum of $2,500 on said claim. The contestant took an appeal to the district court, where the cause was tried to a jury, and a verdict was returned for the claimant for $2,705. Sylvanus Moore brings the case into this court for review by petition in error.
It is contended that the order of the county court appointing the administrator, and all subsequent proceedings thereunder, are without jurisdiction, and this for the reason that Hamilton Moore was not an inhabitant of this state at the time of his death, and left no estate in Dawson county, nor in this state, to be administered upon. Section 177, c. 23, Comp. St., bearing upon the question presented for our consideration, reads as follows: ...
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In re Cloward's Estate
... ... In Nebraska the petition for the appointment must allege ... the vital points conferring jurisdiction or the proceeding ... will be void. Moore's Estate v. Moore , ... 33 Neb. 509, 50 N.W. 443. Subsequently, after an amendment of ... the statute to authorize the court to appoint any ... ...
- Estate of Moore v. Moore