Trotter v. Mutual Reserve Fund Life Ass'n

Citations

• 9 S.D. 596
• 70 N.W. 843
• 1897 S.D. LEXIS 112

Syllabus

<p>1. Where an administrator refuses to bring an action on a claim due the estate, the heirs or creditors may maintain an action thereon in the circuit court, making the administrator and all others interested parties.</p> <p>2. An allegation, in a complaint in an action by heirs to recover a debt due an estate, that a release of such debt was fraudulently executed by the administrator, is unnecessary and improner. the release being a matter of defense; but as the allegations, taken together, do not constitute a defense to the action, they will be treated as surplussage, and will not render the complaint demurrable. Fuller, J., dissenting.</p>