State ex. rel. Sec. Trust Co. v. Probate Court of Rock Cnty.

• Decision Date: 28 December 1896
• Citation: 67 Minn. 51,69 N.W. 609
• Parties: STATE EX. REL. SECURITY TRUST CO. v PROBATE COURT OF ROCK COUNTY.
• Court: Minnesota Supreme Court

67 Minn. 51

69 N.W. 609

STATE EX. REL. SECURITY TRUST CO.vPROBATE COURT OF ROCK COUNTY.

Supreme Court of Minnesota.

Dec. 28, 1896.

(Syllabus by the Court.)

Held, that the probate court erred in refusing to allow the relator to present its claim against the estate of the deceased after the expiration of the time limited for the presentation of claims.

Certiorari to probate court, Rock county; James Marshall, Judge.

In the matter of the estate of James Thompson, the Security Trust Company moved for an extension of the time in which to file claims against the estate. From an order refusing the application, the company brought certiorari to the probate court of Rock county, and James Marshall, judge, to review such order. Order reversed.

Edmund S. Durment, for petitioner.

A. J. Daley, for respondent.

MITCHELL, J.

Certiorari to review the action of the probate court in refusing to allow the relator to present its claim against the estate of James Thompson, deceased, after the expiration of the time limited.

Thompson was a resident of Davenport, Iowa, and died testate in that state January 2, 1895, and his will was admitted to probate, and letters testamentary issued to the executor and an administrator with the will annexed on the 15th of the same month. Thompson having died seised of certain land in Rock county, in this state, on February 12, 1895, his will was admitted to probate in that county, and letters testamentary issued to the same persons to whom letters had been issued in Iowa, both being residents of that state. On March 2, 1895, the probate court of Rock county made an order limiting the time for the presentation of claims against the estate to 6 1/2 months, which would expire September 17, 1895. The only notice given of this order was by publication for three weeks in a weekly paper published in Rock county. At the same date the probate court fixed the time for settling the estate at 18 months, which would expire September 2, 1896. At the time of Thompson's death the relator, a domestic corporation, whose principal place of business was in St. Paul, held promissory notes against him for $10,000 and interest. On March 28, 1895, it presented these notes in the court in Iowa as a claim against his estate, which was duly allowed. On April 16, 1896, the relator presented an application to the probate court in Rock county for leave to file these same notes as a claim against the estate in this state. This application, which was accompanied by due proof of the claim, was in form of affidavits of the secretary and president of the relator, stating, in substance, that neither they nor any other officer of the company had any knowledge or information, until the last of February or first of March, 1896, that Thompson left any property in this state which could be administered on here, or that administration had been or was intended or contemplated being taken out in this state; that, although the president of the relator had several written communications and personal conversations with one of the administrators of the estate relative to its claim, the administrator never stated, or even hinted, that he had been appointed in this state, or contemplated or intended that administration should be had here, or that there was any property of the deceased in this state which could be administered therein; that, after hearing that administration proceedings were being had in Rock county, he consulted an attorney as soon as he could, and by his advice wrote to the probate judge of Rock county to ascertain the facts, and was...