47 Minn. 281 | Minn. | 1891
Writ of certiorari to the probate court of Washington county. Martin Mower, a resident of that county, departed this life on July 28,1890, leaving a valuable estate. The last will and testament of said deceased was duly admitted to probate, and on September 15th letters testamentary were duly issued to the persons designated in the will as executors. In eompliancé with the provisions of section 102 of the Probate Code, (Laws 1889, c.46,) there was made, on the same day, an order of the court limiting the time within which all claims against the deceased were to be filed to seven months from date, of which order due notice was given. As will be observed, the period of time fixed for creditors to present their claims for allowance expired April 15, 1891, under this order. In June following the executors filed their final account, with a petition ashing that it be examined and allowed, and that the estate be duly assigned and distributed in form. This petition was heard at 10 a. m., July 27th, the account was examined and found correct, no one appearing to oppose any of the proceedings until nearly 11 o’clock, when a claim against the deceased for a large sum of money, with an application that it be allowed, was presented by this petitioner, a corporation in which Mr. Mower had been a large stockholder in his lifetime, and of which he had been a
As before stated, the deceased was in his lifetime, and for many years, a director and the president of the petitioner corporation. He was the owner of a majority of the stock shares. While he was such owner and director and president, one Richardson, a nephew, was also a director and was the secretary and treasurer of the corporation. The claim against the deceased, before referred to as having been presented July 27th, was founded upon alleged misappropriations and peculations by Richardson while acting as secretary and treasurer, for which it was asserted the deceased had become liable through official neglect and misconduct. Later the claim was increased in amount by including a sum of money alleged to be due the corporation from the deceased on his own account.
At times during the proceedings in probate court the respondents interposed objections and motions, which were overruled and denied, but of these nothing more need be said. The determination here is based on the ground taken below, that good cause was not shown why the claim should be received, heard, or allowed after the expiration of the period of time fixed, generally, for that purpose. The date of the decease, that of the probating of the will, the appointment of executors, and making an order declaring that all claims against the deceased should be presented within seven months thereafter, have been stated. The petitioner corporation had its office in the county wherein Mr. Mower lived and died, and nearly all of its stockholders resided there, as did the directors who succeeded Mower and others in April, 1890. It is safe to assert that these officers and stockhold
The question before the probate court was whether good cause-had been shown for extending in fact the period of time within which claims should be presented for allowance. By statute the court may, in its discretion, receive, hear, and allow a claim after the time-
Writ quashed.