(Download) "Mitchell v. Banking Corporation of Mont." by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Mitchell v. Banking Corporation of Mont.
- Author : Supreme Court of Montana
- Release Date : January 19, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Executors and Administrators — Decedent not Making Will but Nominating Friend as Administrator — Public Administrator Held Entitled to Letters — Probate Proceedings — Judges — Disqualification of District Judge — When Affidavit too Late — Erroneous Appointment of Administrator — Lawful Acts of Removed Appointee Valid. Executors and Administrators — Intestate Leaving no Relatives Nominating Friend in Writing as Administrator of Estate — Held That Public Administrator Entitled to Letters Under Section 10068, Revised Codes. 1. One dying intestate and leaving no relatives in this country, instead of making a will, had executed an instrument "appointing" a friend to be administrator of her estate "in case anything happened to" her. The probate court appointed such person as against the petition of the public administrator for letters of administration. Treating the "appointment" of the administrator as a nomination by decedent, held, that under section 10068, Revised Codes, providing the exclusive method for the selection of an administrator of the estate of one dying intestate and specifying ten classes from which the selection must be made in the order named, there is no provision for the selection of a nominee of the intestate, and that therefore the public administrator, falling in class 8 (after relatives and next of kin), was entitled to letters.
 "Mitchell v. Banking Corporation of Mont." by Supreme Court of Montana " Book PDF Kindle ePub Free){kind=link}