Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-26
SUPREME COURT.
FULL OPINION or A RECENT DE.
CISlON.

DUE hGMG COU6ls
FUEL OPINION OF A RECENT DE.
CISION.
The State Of Minnesota ex rel. James B. Beals,
Is administrator, ETC., Relator, ~. The Probate
Court Of Ramsey County, Therssea Esbert,
William, Da,cson and Robert A. Smith, Re
spondents.
OPINION.
Under the laws Of this State the estate of de-
ceased persons testate or interstate, are subject
to the payment of their debts in the course of
administration provided by statute. The diff
ference between personal and real estate, as
assetts, for this purpose 10 that the title to the
former. rests in the executor or administrator,
and It may be disposed Of by him without the
the primary fund for payment of debts which
the tatle to real estate reats in the heir devi
secs, and it Is the primary fund to be resorted
to only after the personal property is exhaust
cd, and that only upon the order OF license of
the court. The title rests in the heir or devisee
subject to the claims of administration upon
It. The executor or administrators 10 entitled
to the possession and to the rents, issues and
prohte OF real estate, until delivered over by
order of the probate court to the heirs OF devi-
see. Sec. 3, oh. So, general statutes. He is
accountable for the income of tho real estate
while it remains in his possession. Sec. z, CHI.
81. He is also liable if he neglects to raise
money by collecting the debts, or selling the
real OK personal estate; Sec. 8, oh. 81. After
the executor or administrator has paid the ex-
penses of administration, and debts, and such
allowances to the widow and children, a. the
statute provides for the probate court, by de-
cree, assigns the remainder of the estate, real
and personal, among these entitled under the
will, or if there be none according to the stat
ute Of discreet or distribution; Secs to %,
Oh; IS. This decree is not necessary to rest the
title to the real estate for that passes upon the
death of the decedent. The effect of the de-
cree upon real estate, is to discharge it from
the administration. Until then it is assets,
and is liable to be applied in default of per-
sonal property, to payment Of debts and
charges of administration, whether it remains
IN the hands of the heir or devisee, or has
been by him conveyed to another. purchaser
takes with this liability upon it. The debts
are ascertained by commissioners. Their re-
port when fled, allowing or disallowing claims,
has the effect of \ judgment, and unless ap-
pealed from is final. How far their allowance
of claim Is binding, that is upon whom it is
conclusive, is not entirely free from doubt.
1t is certainly conclusive upon the creditor,
| whose claim is allowed or rejected, and upon
| the executor or administrator. Is it conclus-
| i've upon other creditors next of kin, legatees,
heirs and devisees2 We find only three cases
which appear to involve the point. Garret vs..
Mason, Call. sos; Aston W. Munford,
| Brock. 266; and Stowe VS.. Wood, l6 Ill. 1T.
| The first two were cases of judgments in ordi-
| nary actions, and in tho first, the decision is
placed on the ground that the heir is no party
| to the action, cannot controvert the testimony
adduce evidence, in opposition to the claim no
appeal from the judgment. stone vs.. Wood,
was like this: an application for license to sell
real estate, to pay debts allowed by commits
sioners, and appears to have been under a
statute similar to ours. And the court while
apparently admitting that the heir might con-
test the claim before the commissioners, and
appeal from their decision, places its decision
| ON the ground, narrower and more technical,
| than that taken by the court: in Garret VS..
Macon. that the heir is not in privity of es-
tate, with the executor, and therefore not con-
cluded by the allowance of the debt. How
ever it might be in an ordinary action between
an administrator or executor, and third per
son, any one interested in the estate. may con-
test claims before the commissioners, and APP.
peal from their DECISIONS if the executor u
administrator declines to do SO; Secs 1927, CHI.
53, Gen. stat. The proceedings before the
commissioners, ls not an adversary suit, be
tween itigant parties, the creditor on the one
side, and the executor or administrator on the
other, but is in the nature of proceeding
against the estate, which estate is in theory, in
the probate court, for the purpose of being ad
ministered by distribution among creditors
heirs, devisees, legatees and next of kin.
are conducted in the name of the
executor or administrator, he il
only a nominal party, the actua
parties are those interested in the estate. W.
do not think it was intended that any part,
might neglect his opportunity to contest
claim before the commissioners if not ap-
pealed from, and the judgment of the appellate
court, in case of appeal should be final and
conclusive upon all parties interested in tn,
estate, in all subsequent proceedings for it
administration. The judgment the CLAIM
of Coffin, were therefore conclusive. The hol
der Of that judgment had right to have i
satisfied, so far as it could be out of the prop
erty belonging to the estate. The real estate
the title to which is in Ebert, and in Dawso,
and Smith. belongs to the estate, for the pur
pose of administration as much "a it did i'm
medlatedly after the death of Goldsmith, it wa.
devised by the will to Mrs. Goldsmith, and she
conveyed to them; at the time of such con
veyance there had been no administrator in th
State. The most that had been done, was t,
Tile in the probate court of Ramsey county, q
certified copy f the will, and of the probat
from the court in Philadelphia, where the will
was proved to make the proper record, in tn
office of the register of Deeds and to take on
letters to the executrix, Mira. Goldsmith, sh
fled an affidavit that there were no debts
which this affidavit if made in good faith, ma,
have operated as an excuse to her; for not an
plying for o commission to audit claims, i
could not bar. nor in any manner affect tn
!, rights Of creditors to proceed against the es
tate, for satisfaction of their claims. No
could she by conveying devisee the rea
property, affect its statutes or the rights O
creditors with respect to it. Their right t
} have the property applied in satisfaction o
their claims, could be barred only in the man
ner pointed out by the statutes. The judg
ment of Coffin buying q valid claim agains
the estate. and the lands owned by Ebert an,
Dawson and Smith, being for the purposes o
administration and payment of debts par
of the estate, the only question is, is it necee
far az The administration in this State is con
sidered, without reference to the administra
| ZION in Pennsylvania, there can be no doubt o
, it. There is no personal property in the hand
, of the administrator, and there does not ar
pear to be any other real estate to which resor
may be made.
1t is claimed, however, that the principal an
original administration Of the estate is in Phil
sdelphia; that the administration in this Stat
is in it's nature auxiliary, and that as Coffin wa
! not a resident of this State he ought to hav
sought satisfaction of his claim in Philadelphia
and that certainly it cannot be enforced agains
real estate here while there is in the hands o
the administrator in Philadelphia persona
property ut the estate applicable to the pay
ment of debts before re>orting to real estate
How it would be If there were in fact persona
property applicable to debts in course of ad
! ministration at Philadelphia it is unnecessar
: to consider, for such does not appear to be tn
case.
The copy Of the inventory Of persons
property filed by the executrix in the court a
Philadelphia in 1868, and no other record t
show the condition of administration ther
was introduced does not show it. If tn
amount of personal property set out in the in
ventory did at that time in fact belong to tn
estate. there is no presumption that it COZ
, tinued 40 for fourteen years. The commence
ment of administration in Philadelphia bein
shown. the presumption is rather that it pre-
3 ceeded in due course, and has been closed an
cln fl0 mat ahox