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eBook details

• Title: In re Ruane's Estate
• Author : Supreme Court of Montana
• Release Date : January 12, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Submitted January 15, 1949. 1. Executors and administrators — Petition for administration made first has preference. Where neither next of kin, resident or non-resident, nor public administratrix made application for appointment as administrator of decedent's estate until after appointment and qualification of creditor as administratrix, application was not timely, and next of kin and public administratrix were not entitled to preferential appointment as against creditor. 2. Executors and administrators — Revocation of letters not proper here. Under statute providing that administration may be granted to competent persons not otherwise entitled thereto at the written request of person entitled to letters, and the statute providing for revocation of letters granted to any person other than persons named, nephews and nieces, as next of kin, were not authorized to apply for revocation of letters theretofore duly issued to a creditor. 3. Executors and administrators — Petition for suspension of administrator did not state sufficient facts. Petition of public administratrix alleging that at death decedent had sufficient money to pay all bills, that nephew had requested that administratrix, a creditor, be enjoined from acting further, that administratrix had already received a sizable amount of cash, that other property of the estate was about to come into her possession, and that she had procured appointment contrary to wishes of heirs did not state facts authorizing suspension of powers of administratrix pending determination of petition for revocation of letters and appointment of public administratrix at request of heirs. 4. Executors and administrators — Words & Phrases, ""person interested."" Under statute providing for removal of administrator, and permitting any person interested in the estate to appear at the hearing and file allegations in writing, the public administratrix was not a ""person interested,"" entitled to attack appointment of creditor as administratrix or to seek revocation of letters.

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