71 P. 984 | Utah | 1903
This case comes up on appeal from the district court of the Second Judicial District from an order refusing to set aside the appointment of the respondent as administrator of the estate of John Tasanen, deceased. The record shows that John Tasanen was killed in the coal mine of the Diamond Coal & Coke Company, a Utah corporation operating the coal mine in Uinta county, Wyom
The errors assigned, on which this appeal is based, are as follows: “(1) The court erred in appointing the Utah Savings & Trust Company administrator of the estate of said deceased, for the reason that the court had no jurisdiction to make said appointment, as the undisputed evidence disclosed that the said deceased was not a resident of the county of Weber, State of Utah, at the time of his death, and did not leave estate therein. (2) The court erred in denying the petition of the Diamond Coal & Coke Company to set aside and vacate the order appointing the Utah Savings & Trust Company administrator herein, because it appeared that the court had no jurisdiction to make the appointment, and deceased at the time of his death was not a resident of the county of Weber, State of Utah, and did not leave estate or assets therein or elsewhere sufficient to confer jurisdiction upon this court. (3) That the district court was wholly without jurisdiction to appoint an administrator of the above-named deceased.”
The respondent challenges the appeal to this court of the appellant oh"the grounds that it has no standing in court, and
It is urged in support of tbe first contention that the appellant is not a party to the judgment. Section 3303 of the Revised Statutes of 1898 is, in part, “Any party to a
We think, and so hold, for the purposes of this appeal, that the decree denying the appellant’s petition to set aside the order of appointment is a final order. There was nothing
The main questions to be decided in this case are: (1) Can the district court appoint an administrator of the estate of a non-resident deceased, where the only assets of said estate consist of a right of action against a resident of this State, or (2) in case there are no assets at all ?
Section 3774 of the Revised Statutes of Utah of 1898 reads as follows:
“Wills must be proved .and letters testamentary or of administration granted:
“(1) If the decedent be a resident of the State, in the county in which he had his residence at the time of his death.
*401 “(2) If the decedent be a non-resident of the State: first, in the county in which he may have died leaving estate therein; second, in any county in which any part of the estate may be, the decedent not having left estate in the county in which he died, or having died without the State.
“(3) In all other cases> in the county where application for letters is first made.”
The authorities seem to be divided on the question of whether a claim for death by wrongful act is an.asset of the estate of the deceased. We think the weight, however,
We hold that the appointment of the respondent as administrator by the district court was correct, and the action of the lower court in refusing to set aside the appointment was correct, and it is hereby affirmed, with costs.