Ewing v. Mallison

Citations

• 65 Kan. 484
• 70 P. 369
• 93 Am. St. Rep. 299
• 1902 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Probate Court — Appointment of Administrator — Collateral Attach, The action of a probate court in appointing an administrator and issuing letters of administration is judicial in its nature, and is not open to collateral attack, unless the court acted without jurisdiction.</p> <p>2. -Deceased must have been an Inhabitant or Resident. The probate court of a county has no jurisdiction over the estate of a deceased resident of this state to appoint an executor or administrator, or to prove a will, unless the deceased was at the time of his death an inhabitant or resident of the county of such probate court.</p> <p>3. - True Place of Residence of Deceased may be Shown in a Collateral Proceeding. The place of residence of the deceased at the time of his death is an essential, collateral, jurisdictional question of fact. ■ This fact is not conclusively established by the appointment of an administrator, the issuance of letters of administration, the probating of a will, or by any other decision in reference to the estate of the deceased which a probate court may make; and, in a proper collateral action or proceeding, the true place of residence of the deceased at the time of his death may be shown for the purpose of disproving jurisdiction in the court assuming to administer the estate.</p> <p>i. Jurisdiction — Courts of Coequal Authority. Between courts of coequal authority, that one which first obtains jurisdiction will be permitted to pursue it to the end, to the exclusion of all others, and it will not permit its jurisdiction to be impaired or subverted by a resort to some other tribunal.</p> <p>5. - When a Pa,rty is not Estopped. A party is not estopped or concluded by the decision of a court proceeding without jurisdiction of the subject-matter, but may show the want of jurisdiction in the court in order to show that he is not concluded by its decision.</p>