State ex rel. Musgrave v. Probate Court of Polk County
| Decision Date | 20 April 1900 |
| Docket Number | 11,816 - (5) |
| Parties | STATE ex rel. JULIA C. MUSGRAVE v. PROBATE COURT OF POLK COUNTY |
| Court | Minnesota Supreme Court |
Writ of certiorari issued from the district court for Polk county to the probate court of that county to review an order made in the matter of the estate of Stephen H. Parkhurst deceased, and denying the petition of relator for an extension of time in which to present a claim against said estate. In the district court the case was tried before Watts, J., who found in favor of relator, and directed judgment that the order be reversed. From a judgment entered as directed, W. G. Smith, administrator of said estate appealed. Affirmed.
Claim against Estate of Decedent -- Application to File.
Applications in probate court for leave to file claims after the time fixed therefor has expired are addressed to the discretion of that court. Held, that the application in this case should have been granted by the probate court, and that the district court was justified in reversing the order denying it.
Grover & Massee, for appellant.
A. A. Miller, for respondent.
This is an appeal from an order of the district court of Polk county reversing an order of the probate court of that county denying the petition and application of respondent for an extension of time in which to present her claim. On July 26, 1897, the last will and testament of S. H. Parkhurst was duly admitted to probate, and on the same day the probate court made an order fixing the time for the presentation of claims at six months from that date. The same order fixed May 5, 1898, as the day for the hearing and consideration of claims. The respondent is a creditor of the estate, and employed E. J. Ormsbee, an attorney residing in the state of Vermont, to prepare and present her claim to the probate court. She resides in the state of New Jersey. She formerly resided in the state of Vermont, and said Ormsbee was her legal adviser. She intrusted the entire matter of filing her claim to him. Acting under the impression that he had until May 5, 1898, to file the claim, Ormsbee did not file it within the six months. On May 2, 1898, three days prior to the day set for final hearing on claims, the application to be relieved from her default, and for leave to file the claim, was made to the probate court and denied.
No question is made but that the respondent is a bona fide...
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