Ward v. DuPree

Citations

• 16 S.D. 500
• 94 N.W. 397
• 1903 S.D. LEXIS 112

Syllabus

<p>1. An action by a legatee to set aside a release of her share of the estate to defendants who were also legatees, in consideration of a payment of $2,000, on the ground of fraud, and to restrain the executor and the county court from proceeding with the administration of the estate un til the determination of such action, was not within the exclusive jurisdiction of the county court, in which the administration of the estate was pending, since defendants claimed under the release, and not under the will.</p> <p>2. Under Comp. Laws 1887, § 4884, providing that, where one of two or more defendants in an action dies, the action may proceed without bringing in the person who has succeeded to the rights of the deceased party, and that the judgment shall not affect him or his interest in the subject of the action, it was not error, in an action against legatees to set aside an alleged fraudulent release of another legatee’s share, to deny a motion for a continuance on the ground that two of the defendants had died during the pendency of the action, and that no administrators had been appointed for their estates.</p>