Connolly v. Probate Court

Citations

• 25 Idaho 35
• 136 P. 205
• 1913 Ida. LEXIS 5

Syllabus

<p>Probate Court — Jurisdiction of — Descent and Distribution — Nonresident Alien Heir — Failure to Claim Property — Resident Heirs — Right to Inherit Property — Escheat—Right of Succession.</p> <p>1. Held, that the probate court was without jurisdiction to sustain a motion or application for the setting aside of the decree of distribution in the Corbett estate matter, under the facts presented by the petition or motion.</p> <p>2. Held, that it appears from the record that the probate court had jurisdiction to probate the estate of said Corbett and to enter a decree of distribution thereof, and that such decree not having been appealed from within the time provided by law, said decree of distribution became conclusive as to the rights of all heirs and claimants to said estate.</p> <p>3. In the probation and distribution of said estate, the notices required by statute having been given, said probate eourt acquired jurisdiction over all persons for the purpose of determining their rights to any portion of said estate; and every person who claimed any right or interest therein was required to appear and present his claim to said eourt for determination.</p> <p>4. The aetion of the eourt in probating an estate is equally conclusive (subject to reversal or modification on appeal) upon all parties, whether they appear and present their claims or not, and as conclusive as if they had presented their claims and the court had disallowed them.</p> <p>5. Probate proceedings in the settlement of estates are in the nature of proceedings in rem, and upon the statutory notices being given, all the world is charged with notice.</p> <p>6. Under the provisions of sec. 4831, Eev. Codes, the decree of a probate eourt in probate matters is made appealable.</p> <p>7. The probate court is not given jurisdiction under the laws of this state to set aside its deeree of distribution on application made years after the entry of sueh decree.</p> <p>8. Under the provisions of sec. 20, art. 5, of