The Fargo forum and daily republican., 1909-05-22
WALSH HEIRS LOSE
POINT IN CASE
SUPREME COURT HANDS DOWN
AN INTERESTING DECISION in
Mix-uP OVER A WILL AND IN
suRANcE POLICIES THAT DID
NOT AGREE.

The supreme court has decided an
interesting point in big fight in a
Grand Forks will case.
Martin i. Walsh died and willed his
property to Mary e. Finn and Mary
M. Carney, thus cutting off his legal
heirs. Part of his property consisted
OF two insurance policies on his life
and these insurance policies read on
their face, payable to the legal heirs. 2
These legal heirs were John Walsh,
Geo. w. Walsh, Josephine Walsh, Mary
Keyes and Elizabeth Porter In the
will left by deceased he specially men,
toned the insurance money, willing 1t
to Mary Finn and Mary Carney.
When the estate came to probate the
legal heirs put in q claim for the in
surance and the county Judge assum-
ing the right to settle this point, set
aside their claim and awarded the en-
tire property to the two persons men
toned In the will The heirs then took
an appeal to the district court and
the latter court reversed the decision
or the county Judge and ordered the
county judge to pay the insurance
money to the legal heirs. The case
was then taken to the supreme court
and now the highest court in the state
says that as the county judge had no
right to settle the point in the first
place the district court had no. rights
to make a decision. They therefore
reverse the order of the district court,
but do not settle the chief point st
issue-the question as to who should
get the insurance money
s." Syllabus by Court.
Following is the syllabus in the
case:
Mary e. Finn, ct al, appellants, vs.
John Walsh, ct al, respondents.
i. One w, who held two beneficiary
certificates, one issued by the Loyal
Americans and the other by the Ameri-
can Yeomen, fraternal benefit societies,
both payable to his legal heirs" died
testate, and in his will he devised and
bequeathed all his property, both real
and personal, to appellants, F. and c.,
and specially mentioned therein, all life
insurance of every name and descrip-
ton. Such will was duly probated and
said societies paid to one M, who was
the duly appointed and acting testa-
mentary administrators, the amount due
under such benefit certificates. Upon
the hearing of MS final account pur-
suant to his petition for an order of
final distribution, respondents, who are
the sole heirs Of decedent, intervened
and filed an answer to his petition set
ting forth their claims to he fund re-
ceived under such certificates, where
upon the county court, assuming juris-
diction to adjudicate the rights of the
respective claimants to such funds,
entered@ decree of final distribution
awarding same to F. and G. On ap-
peal, the district court reversed such
decree and ordered the county court to
enter decree awarding the fund to re-
spof1dents.
Held: That the county court had
no jurisdiction to try and determine the
right and title to such fund as between
the respective claimants, and conse-
quently the district court on such ap-
peal acquired no jurisdiction to adjudi-
cate such question, and it's judgment
directing the county court court to dis
tribute such fund to respondents, and
awarding costs and disbursements tc
them, was erroneous.
e.. The estate Of decendent has nc
interest in the proceeds of such certi-
ficates, but whether they belong to ap-
pellants, F. and c., or to respondents, il
not decided.
8. The constitution Of North Dakota
section 8, defining the jurisdiction Of
county courts, confers authority upor
such courts in probate, testamentary
and guardianship matters merely, ant
1t is beyond the power of the legisla.
ture to enlarge such jurisdiction b.
statute.
4. Revised codes, section s03s, wa
not designed to enlarge the constitu
tional grant Of power to county courts
nor did the legislature, by its enact
ment, intend to make the proceeds o
such life insurance policies and bene
| fciary certificates as are therein men
toned, portion of the estate of tn,
insured, but the intent was merely Il
exempt from the payment OF the debts
of the decedent, all such proceeds al
might become assets or such estate
(Syllabus by the court)
Appeal from district court, Crane
Forks county: Templeton, ].
Mary e. Finn and Mary M. Carney
petitioners, and M. j Moran. as ad
ministrator Of the estate Of Martin A
Walsh, deceased, against John Walsh
Geo, w. Walsh Josephine Walsh. Mar.
Keyes and Elizabeth Porter. From 4
judgment in defendants favor. plain
| tiffs appeal.
Reversed.
/ Geo. A. Bangs. for Appellants.
/ John A. Sorley, for Respondents.
Opinion by Fisk 3. All concur
Morgan, c. r., not participating.
HAY FOR SALE.
Write or phone George d. Brown