83 Minn. 215 | Minn. | 1901
The complaint states that on March 15, 1876, one Herman Betcher died testate; that on the 30th of that month the will was allowed and admitted to probate in Goodhue county; that
The only question which we need to consider is whether or not the district court had jurisdiction of the subject-matter of the action. If, under the circumstances alleged in the complaint, the relation of defendant to the estate was that of executor, then, in our judgment, the probate court had exclusive jurisdiction. On the other hand, if, in respect to the estate, the defendant stood in the relation of a creditor, irrespective of his relation as executor, then the district court might have jurisdiction. It therefore becomes important to determine from the allegations of the complaint in what capacity defendant stands in relation to the estate. It seems very clear that defendant holds the alleged funds in his possession as an executor, and not as a creditor, of the estate. At the time of testator’s decease, he and defendant were co-partners in business, and at that time the defendant was not indebted to the estate. Upon decedent’s death, the defendant became the surviving partner, and continued the business. He was appointed executor, but never made an accounting to the probate court of the property coming into his hands. He entered into an agreement with his co-executor, by which he purchased the estate’s interest, agreeing to pay a specified amount, which sum he never paid to the co-executor, never accounted for to the probate court, and never turned over to the executor succeeding him. Prior to the alleged purchase, as an executor, of the estate’s interest in the co-partnership, defendant was bound to render an accounting to the probate court. After the alleged purchase, he was bound either to pay the purchase price to his co-executor, who would be obligated to render such an accounting, or, if he did not pay it in that manner, he was still obligated to account for the same, as executor, to the probate court. The mere fact that defendant agreed to purchase the interest of the estate in the part
The complaint in this action is evidently drawn with a view to bring it within the scope of Peterson v. Vanderburgh, 77 Minn. 218, 79 N. W. 828, and counsel for respondent have relied mainly upon that authority for their claim that the district court has jurisdiction of the subject-matter. But that case has been misunderstood. It simply decided that, where an executor was a creditor of the estate during the lifetime of the testator, in an action in equity in the district court he would be liable to his co-executor for the amount of such indebtedness. That case rests upon the principle that the creditor stands in exactly the same position as a third party would, and that such relationship was not changed by the mere fact that he happened to be an executor. The distinction between’that case and the one presented here is plain. Under the constitution, as defined by the decisions of this court, the probate court has exclusive jurisdiction over the estates of decedents. This embraces absolute control over administrators and executors, and includes the necessary power to call them to proper accounting. The district court has no authority to call an executor to make an accounting under the circumstances of this case. It is immaterial that the executor has, from time to time, paid money to the heirs of the deceased. It is of no' importance that the probate court discharged the defendant without demanding of him a complete accounting and administration of the estate. Such facts would not confer jurisdiction upon the district court. Whatever rights plaintiff may have as the succeeding executor, or as an heir, he must seek his remedy in the probate court.
Order reversed.