Estate of Haskell

Citations

• 1 Myrick 204

Syllabus

<p>Res adjudioata.—Grant of Letters of Administration.—What is adjudicated BY THE ORDER__HEIRS NOT THEREBY PRECLUDED FROM SUBSEQUENT DENIAL. THAT THE ADMINISTRATOR IS NOT THE HUSBAND OF DECEDENT.</p> <p>In granting letters, the only questions decided by the Court are, whether there is property; whether the Court has jurisdiction; and whether the party applying is competent.</p> <p>When letters have been granted to a person, whether claiming the grant as heir or creditor, the question of heirship or of the validity of the claim as creditor, must be passed upon in an independent proceeding; there being no contest to act as an estoppel.</p> <p>Construing section, C. C. P., 1365.</p>