45 Kan. 644 | Kan. | 1891
The opinion of the court was delivered by
The contention of the minor, Charles McLean, through his guardian ad litem, is, that the amended petition did not state facts sufficient to give the district court jurisdiction of the subject-matter of this action, because the statutes of the state provide full and complete remedies in the probate court for the collection of all claims against the estates of deceased persons, and therefore that the probate court of Coffey county is vested with the exclusive jurisdiction of the subject-matter. "William McLean, the father of Charles McLean, died in Montana in 1882, leaving a will, by the terms of which he devised to his son, Charles McLean, the land attached and ordered to be sold. No letters of administration on the estate of William McLean, deceased, have been issued in this state, and no executor of his will has been appointed or recognized in this state. By the common law, the heir at law or devisee is personally liable for the debts of his ancestor to the value of the property received from him. (Rawle, Cov., § 309, pp. 514, 519, 522; 2 Greenl. Ev., §§ 356, 357; 4 Bac. Abr. 410; Gen. Stat. of 1889, ¶ 2592.) The original petition is essentially a bill in equity to enforce the claim and lien upon this land, and such purpose is fully shown. In Shoemaker v. Brown, 10 Kas. 390, 391, 392, it is said that—
i. case, ai-lowed. “The courts in chancery always had paramount jurisdiction over the estates of deceased persons, and generally had jurisdiction over all trust estates. Therefore, if the district courts of this state have full chancery powers in this respect, then they must have jurisdiction in cases of this kind. . . . The mere giving of jurisdiction to one court does not show that it must be exercised exclusively by that court. The constitution gives to the supreme court original jurisdiction in quo warranto, mandamus, and habeas corpus, (art. 3, § 3,) and also gives to the probate courts original jurisdiction in habeas corpus, (art. 3, § 8,) but still it has never been supposed that either of these courts had exclu*648 sive original jurisdiction in any of these matters, for the legislature has given such jurisdiction also to the district courts. . . . We think it could not have been intended by the legislature to limit in any respect the jurisdiction of the district courts by passing the acts conferring certain jurisdiction upon the probate courts. It was simply intended to confer such jurisdiction upon the probate courts, and to leave the other courts to exercise just such jurisdiction and powers as the other statutes had given or should give to them. The act concerning executors and administrators shows this. Sections 83 and 86 of said act show that it was not the intention of the legislature to confer upon probate courts exclusive original jurisdiction in suits against estates.”
This case is not like Fox v. Van Norman, 11 Kas. 214. In that case it was attempted to personally charge the widow of her deceased husband as an executor de son tort with the liabilities which attached at common law. This it was held could not be done under the statute.
The next contention is, that the deed from William Me-
“And the said party of the first part and his heirs, the said premises in the quiet and peaceable possession of the said party of the second part, her heirs and assigns, against the said party of the first part, his heirs and assigns, and against all and every person and persons whomsoever lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend.”
Other matters are discussed in the brief, but they are unimportant and not even prejudicial.
The judgment of the district court will be affirmed.