Security Trust Co. v. Black River National Bank
Citations
- 187 U.S. 211
- 23 S. Ct. 52
- 47 L. Ed. 147
- 1902 U.S. LEXIS 808
Syllabus
<p>Under the statutes of the State of Minnesota and the decisions of the courts of that State construing and applying them,,a creditor cannot maintain a suit in the courts of that State for a debt against a decedent after the expiration of the period limited by the order of the probate court in which creditors may present claims against the deceased for examination and allowance, and after an allowance of the administrator’s final account and a final decree of distribution.</p> <p>Although it is a well settled principle that a foreign creditor may establish his debt in the courts of the United States against the personal representative of a decedent, notwithstanding the fact that the laws of the State limit the right to .establish such demands to a proceeding in the probate courts of the State, it is also equally well settled that the courts of the United States in enforcing such claims are administering the laws of the State of the domicile and are bound by the same rules that govern the local tribunals; and if a foreign creditor of a Minnesota decedent delays proceedings in the Federal court until after the time to present claims fixed by the order of the probate court has expired and the final distribution of the estate has been effected, he cannot use the Federal courts to devolve a new responsibility upon the administrator and interfere with the rights of other parties, creditors or distributees, which have become vested under the regular'and orderly administration of the estate under the laws of the State.</p> <p>Although under the state statutes the probate court may, before final settlement and Upon good cause shown, extend the time for presentation of claims, this court is not called upon to determine in a case where no application for such extension was made before final settlement whether a Federal court might or might not, on good cause shown, extend such time. It is obvious and always has been held that the United States Circuit Court cannot in the tria
Judges: Shiras
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