Estate of Milliken

Citations

• 1 Myrick 88

Syllabus

<p>Jurisdiction.—Residence as a jurisdictional requirement. May be enquired INTO BY DIRECT PROCEEDING AT ANY TIME FOR THE PURPOSE OF HEARING APPLICATION TO REVOKE LETTERS. FACTS SHOWING PLACE OF RESIDENCE.</p> <p>Where application by petition has been made to this Court for letters of administration, and notice of hearing given, and letters issued, if at any subsequent time in the administration, it is made to appear that the Court had no jurisdiction by reason of non-residence of decedent, the Court will entertain a motion for discontinuance of proceedings. The fact of the giving of ten days’ notice by posting of hearing on petition for administration, does not bind the Court, when a direct attack is made upon the jurisdictional right of the Court.</p> <p>Facts from which the place of residence may be determined.</p> <p>Construing sections, Pol. C., 52; C. C. P., 1294.</p>