Harris v. Coates

Citations

• 8 Idaho 491
• 69 P. 475
• 1902 Ida. LEXIS 42

Syllabus

<p>Administrator De Jure — Administrator De Pacto. — One who takes charge of an estate as administrator, and takes possession of the assets of the estate of his decedent, and administers thereon, cannot escape liability by reason of his having failed to take the oath, and filing the bond required by law. If he is not an administrator de jure he is de facto, and may settle the estate if neither creditors nor heir object.</p> <p>Administrator — Attorney’s Pee and Costs. — Where an administrator neglects and fails to close and settle up the estate of his decedent after the same is ready for settlement and distribution, and thereafter attempts to have the whole of such estate set aside to him as sole heir or legatee, and he fails in such attempt, he must pay legal interest on all money in his hands ready for distribution from the time such distribution ought to have been made by him, and it is error to allow him attorney’s, fees and the costs he makes attempting to establish his claim to the assets of such estate.</p> <p>(Syllabus by the court.)</p>