Vaughan v. Brown

Citations

• 81 Kan. 1
• 105 P. 30
• 1909 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Executors and Administrators — Right to Possession of Property — Execution—Appeal from Probate Court — Jurisdiction. The district court upon an appeal from the probate court in proceedings under the executor’s act (Gen. Stat. 1901, §§ 3002-3006) found the defendants guilty of wrongfully taking and conveying away and withholding personal property belonging to the estate from the administrator,, and adjudged that it be restored to his possession and that such restoration be compelled by attachment, but also ordered that, in case there was sufficient other personal property of the estate to pay the indebtedness and expenses of administration, the administrator should return the property or the proceeds thereof to the defendants. It is held, that the order for the return of the property or its proceeds to the wrong-doers who had so unlawfully conveyed it away was inconsistent with the findings and judgment, an unwarranted interference with the due course of administration, and erroneous.</p>