Smith v. Terry Peak Miners' Union

Citations

• 16 S.D. 631
• 94 N.W. 694
• 1903 S.D. LEXIS 131

Syllabus

<p>Under Laws 1901, p. 205. c. 123, § 2, providing that when a person dies leaving no estate, except personal property of trifling 'value, the judge of the county court shall take charge of the estate personally, or hy some person he may appoint, and pay out of it the burial and other expenses, and set apart to the widow and minor children, if any, the residue, the responsibility of gathering and distributing such property is on the judge and a person appointed by him to take physical possession of the property is a mere custodian, and has not legal capacity to sue^ as agent of the county court, to collect from a fraternal society of which deceased was a member a sum for funeral expenses.</p>