Appeal of Sarbach v. Fidelity & Deposit Co.

Citations

• 99 Kan. 29

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insolvent Estate — Claims Allowed — Creditor’s Right to Appeal. Where the individual estate of a decedent is insolvent, having no assets except what may accrue to it from the decedent’s share of a partnership estate after the partnership debts are paid, a creditor of the individual estate has such interest in the accounting and settlement of the partnership estate as will entitle him to appear in the probate court and resist the allowance of questionable claims against the partnership estate, and to appeal from the decision of the probate court thereon.</p> <p>2. Same — Claim Compromised by Administratrix — Investigation by Probate Court. In an accounting and settlement in the probate court, an administratrix is not absolutely entitled to credit for a judgment rendered against her as administratrix which she has paid; and the court may inquire whether the lawsuit on which the judgment was founded was diligently defended, whether it was prudently com-' promised, or whether she subjected herself to the judgment by negligence, fraud or collusion.</p> <p>3. Appeal — Trial Court’s Findings — Not Disturbed. Rule followed on appeal that the trial court’s findings of fact based upon tangible and sufficient evidence can not be disturbed.</p>