Hartwig v. Flynn

Citations

• 79 Kan. 595
• 100 P. 642
• 1909 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators—Return of Property of Estate — Property Claimed by Executor. An executor who claims to own in his individual right certain promissory notes payable to his own order, but found among the effects of the testator, should not be compelled to make an unqualified return of such securities as the property of the estate. The practice in such case discussed.</p> <p>2. Jurisdiction — Probate Court — Title and Ownership. The probate court has no jurisdiction to try the title and finally determine the ownership of such securities so claimed by the executor himself and by another person not a party to the proceeding. Such adverse claims can only be determined in a court of competent jurisdiction.</p>