Gille v. Emmons

Citations

• 91 Kan. 462
• 138 P. 608
• 1914 Kan. LEXIS 56

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators — Title to Property in Dispute — Property Should he Included in Inventory. Where the administrator of the estate of his wife has received a sum of money which he claims to have received from the sale of his own property, and another claims to be a creditor of the deceased wife and that the money received by the administrator accrued from the sale of her property and that he is entitled to have the money applied to the payment of his debt, the administrator should be compelled to make an inventory of such money received in his final account and settlement and may set up any claim he or any other person may have thereto.</p> <p>2. Probate Court — No Jurisdiction to Try Title to Property. The probate court has no jurisdiction to try the title and determine the ownership of the money so claimed by the administrator and by another person not a party to the proceeding. The adverse claims can be tried only in a court of competent jurisdiction. (Hwrtwig v. Flynn, 79 Kan. 595, 100 Pac. 642.)</p>