Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 72

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: Kansas, an administrator de bonis non who is appointed in the foreign state on account of the death of one executor and the removal of the other is not thereby made the successor in trust of the executors under their Kansas appointment so far as to enable a Kansas court to permit him to sell real property to pay debts of the estate under an order previously granted to the executors, without the giving of a new notice by the administrator of his application for such authority. A sale made by the administrator without such notice is void, and a deed made under it constitutes no defense to an action of ejectment brought by the devisees or their successors in interest. ' Error from Cowley district court; CARROLL L. SWARTS, judge. Opinion filed December 9, 1905. Affirmed. ' G. H. Buckman, for plaintiffs in error; O. P. Fuller, of counsel. Hackney & La/ferty, for defendants in error. MASON, J.2 Soranus L. Bretton died testate in Illinois in 1881. The will was duly probated in the county court of Rock Island county, Illinois, and the two persons whom it named as executors were appointed and qualified as such. These executors then represented to the probate court of Cowley county, Kansas, that at the time of his death the testator owned certain real and personal property in that county, and asked that the will be there admitted to probate and that they be granted letters testamentary that they might proceed in the management of the part of the estate found in Kansas. An order was made admitting the will to record upon the strength of its having been approved by the Illinois court, and letters testamentary were granted to the executors, who gave the bond and took the oath required by the Kansas statute and entered upon the performance more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236867831
  • 9781236867834