In re the appeal of Campbell
In re the appeal of Campbell
Opinion of the Court
By the Court,
In this case the judge of the county court of La Fayette county, acting as judge of probate, made an order, citing the appellant, who was the administrator of the estate of Patrick Norris, deceased, to appear before him and render an account of his acts and doings as administrator, more than one year having elapsed since his appointment as administrator of such estate. From the order citing him to appear, &c., the administrator appealed to the circuit court, where the order of the probate court was affirmed. An appeal was then taken to this court.
Under the Revised Statutes of this state, courts of probate have a very extensive jurisdiction over the estates of deceased persons, and experience daily demonstrates that this jurisdiction must be extensive in order to secure a prompt and faithful settlement of such estates by those having them in charge. Our statute is founded upon the notion that the estates of deceased persons can ordinarily be settled within a year, and hence it is made one of the conditions of the bond to be given by an executor or administrator, that he “render a true and just account of his administration to the county court within one year, and at any other time when required by such court.” If the condition of an estate is such that it cannot be settled within the year, then the executor or administrator should apply to the probate court for an extension of time, to enable him to execute his trust. When the administrator does not ask to have the time extended for the settlement of an estate, we think the probate court has the power, after the expiration of the year, to cite the administrator to render his account, even upon its own motion, and we can conceive of no valid objection to such an exercise of power on the part of that court. It is suggested upon the brief of counsel for the appellant, that various causes might exist which would render it impossible for an administrator to properly settle an estate within a year; but when this is the ease, an extension of time would undoubtedly be granted on application therefor. It is a notorious fact that great, and not unfrequently, unnecessary delay intervenes in the settlement of estates, and there is but little danger that the power which was exercised in this case, will be abused.
As wo think tbe probate court bad tbe power, under our statute, to make tbe'order citing tbe administrator to account, it follows tbat tbe order of tbe circuit court must be affirmed.
Reference
- Full Case Name
- In the matter of the appeal of Hugh Campbell, adm'r, &c.
- Status
- Published