Minnick v. First Citizens National Bank
Minnick v. First Citizens National Bank
Opinion of the Court
S. M. Ellyson, a doctor of chiropractic died in the city of Watertown in May, 1944. He left surviving him his divorced wife and seven children, three were minors. Alice Minnick, the appellant, worked as an assistant to Dr. Ellyson' for a number of years before his death and there was a close relationship and friendship between the two. Shortly before his death, Dr. Ellyson. wrote a letter to Alice Minnick, which, subsequent to his death, was presented to the county court as an olographic will. In addition to claiming an interest in the estate under the alleged will, Alice Minnick claimed unpaid salary due her in the amount of $1,000. Among the assets that Dr. Ellyson left was office equipment and furniture. W. E. Lilenquist, who was a salesman apparently calling upon chiropractors, interested himself in the sale of this office equipment and conferred with Mrs. Ellyson, Alice Minnick and the attorneys representing them. Lilenquist first attempted to obtain the property for $1,400 but subsequently increased this offer to $1,800 and stated that unless this amount was accepted at once that his buyer would not be interested. The Ellyson heirs were disputing the claim of Alice Minnick for unpaid salary and the validity of the alleged will. A stipulation of settlement was entered into by Alice Minnick, Mrs. Ellyson as guardian for the three minor children, two of the adult children, and Andrew E. Foley appointed by the court as attorney for Chester D. Ellyson, a son who was in the military service. Jim Ellyson, one of the adult heirs, did not sign the stipulation. The stipulation, in substance, provided that the office equipment and furniture would be sold by a special administrator, to be appointed by the county court, to Lilenquist for the sum of $1,800, that this fund should be disbursed by the special administrator, $900 to Alice Minnick and $900 to the general administrator of the estate to be subsequently appointed and that Alice Minnick would thereupon withdraw all claims against the Ellyson estate as a creditor or under the alleged olographc will. In conformity with this stipula
Just what it is appellant seeks in this appeal is not clear. This appeal is from this last order of the county county court directing the special administrator 'to comply with the order of November 16, 1944. The administrator has complied as ordered and purged itself of any charge of contempt. Alice Minnick, the appellant, was not a party to this last proceeding and her interest therein, to say the least, is questionable, but conceding her right to appeal from the order entered, we find no basis upon which to disturb the action of the court below. As stated above, this is an appeal from the last order entered which simply directed compliance with the order of November 16, 1944. That the county court had jurisdiction to enter the order of November, 1944, we believe, is clear. In this' 1944 proceeding, the court upon the application of Alice Minnick, this appellant, determined that the prior order directing the sale of the property by the special administrator was invalid and that the sale should be set aside and the parties restored to their original positions. SDC 32.0909(13) expressly gives to the county court authority and jurisdiction “to reopen and correct any order or judgment made by such court, * * It was held by this court in the case of In re Estate of William
Appellant complains about the special administrator appearing as respondent in this court, and bases such complaint upon the holdings of this court that under certain circumstances an administrator has no rght to appeal as a “party aggrieved.” Such decisions go only to the right of an administrator to appeal and in no way support this complaint of appellant.
Appellant contends that the present dispute concerns only herself and Lilenquist, and that the funds derived from this probate sale “are not a part of the estate” and “the County Court had no jurisdiction over that money.” This contention is apparently made upon the basis that appellant simply sold her interest in the estate to Lilenquist and that-the money belongs to her. The record, and facts above stated, so entirely refutes this contention that discussion is unnecessary. The property that was sold was an asset of the estate, not the property of this appellant or any other individual. Being an asset of the estate this property was
The judgment appealed from is affirmed.
Reference
- Full Case Name
- Re ELLYSON'S ESTATE MINNICK v. THE FIRST CITIZENS NATIONAL BANK OF WATERTOWN
- Cited By
- 1 case
- Status
- Published