34 Minn. 296 | Minn. | 1885
Appeal from an order of the district court, reversing
The action of the probate court in refusing the application was brought before the district court by a writ of certiorari, and the latter court evidently assumed to hear, examine, and determine the matter de novo precisely as in case of an appeal. As no point is made that this is not correct practice, and as it is in harmony with the appellate jurisdiction of the district court in probate matters, we assume, without consideration, that the application was before that
We think that the facts stated in the affidavits constituted “good cause” for renewing the commission, and justified the court in granting Mollison additional time in which to present his claim. It is not necessary, in order to come to this conclusion, to hold that either Mollison or French was fully exonerated from all laches. Like all similar applications it was to a certain extent addressed to the sound discretion of the court, and we do not think the same strictness should necéssarily be followed as in case of an application for relief from a default in a civil action where the rights of the other party are directly involved. The sole object of limiting the time for presenting claims is to secure prompt settlement of estates. In this case there had been no order for the payment of debts or for the distribution of the estate, and there was no suggestion that the granting of this application would result in any material delay in settling the estate, or cause it any possible injury, unless it was the chance of having to pay the claim in case it was finally allowed. To refuse the creditor an opportunity to present his claim under these circumstances, when he was at most only guilty of an excusable oversight, would have been unnecessarily harsh. There was certainly no abuse of discretion in granting it. The case of Mass. Mut. Life Ins. Co. v. Elliot, 24 Minn. 134, is not analogous in its facts. In that case no action was taken by the creditor for two months after notice of the death of Elliot, not even as much as to ascertain what steps had been taken in the probate court. It must also be kept in mind that this court sits only for the purpose of reviewing alleged errors of law, and in a matter like the present, addressed largely to the sound discretion of the lower court, we could not reverse except for an abuse of this discretion.
Order affirmed.