87 Neb. 254 | Neb. | 1910
Nancy Brusha died at her residence in Otoe county in April, 1907. A son survived her, and also a brother and two sisters. Afterwards her brother, George W. Hawke, filed in the county court of Otoe county a petition for the appointment of an administrator of the estate of the deceased. In that petition he alleged that the son of the deceased, William Brusha, was about 40 years of age, and that his postoffice address is unknown “and has been unknown to your petitioner or any relative of said Nancy Brusha for 18 years or more.” Upon this petition Robert Payne was appointed administrator, and afterwards the said George W. Hawke filed his claim against the deceased with the county court of said county, which was allowed by the court, and the said William Brusha after-wards filed his petition in the county court to set aside the appointment of the said administrator and the allowance of all claims that had been allowed against the estate, and especially the claim of the said George W. Hawke. The administrator and the said George W. Hawke filed separate demurrers to the said petition, which were sustained, and the petition was dismissed. William Brusha thereupon appealed to the district court, and upon hearing in that court the judgment of the county court was affirmed, and the petitioner has appealed to this court. While the proceedings have been pending in this court the claimant has died, and the proceedings have been revived in the name of his. administrator.
For these reasons, the judgment of the district court is reversed, and the judgment of the county court modified so as to set aside the order allowing the claim of George W. Hawke. In all other respects the judgment of the county court is affirmed.’ All costs are taxed against the estate of George W. Hawke.
Judgment accordingly.