Galloway v. Freeburg

Citations

• 97 Kan. 765
• 156 P. 766
• 1916 Kan. LEXIS 394

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Deceased Administrator — Right of Successor to Sue Deceased Administrator’s Estate. An administrator appointed to succeed a deceased administrator can maintain an action against the estate of his predecessor to recover the unadministered assets of an estate and for an accounting.</p> <p>2. Same. Rule followed that an administrator’s action against the es- ' tate of a deceased administrator is not limited to the one on the administrator’s bond, following Hudson v. Barratt, 62 Kan. 137, 147, 61 Pac. 737.</p> <p>3. Same — ‘‘Unadministered Assets” of an Estate. Where a personal estate consists of money and mortgages which have been reduced to money,' the money, when not disbursed as directed by the will or by the probate court, is “unadministered assets” to which an administrator is entitled on the death of a preceding administrator.</p> <p>4. Will — Construction—Life Estate Created. The text of a will examined and, aside from specific bequests therein made, held to create only a life estate in personalty, in money and mortgages, following Chase v. Howie, 64 Kan. 320, 67 Pac. 822.</p> <p>5. Action — Against Deceased Administrator’s Estate — Petition States Cause of Action. A petition in an action brought by an administrator in succession against the estate of a preceding deceased administrator who was also the life tenant of an estate in personalty examined and held sufficient against a demurrer based on the statute of limitations.</p>