(DOWNLOAD) "Bryan County v. United States." by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Bryan County v. United States.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 12, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The rivals in this controversy are certain relatives of John B. Kipling, deceased, on one side, and certain relatives of Emma Kipling, deceased, and T. C. Wood, on the other side. John B. Kipling and Emma Kipling were married prior to 1905, and lived together as husband and wife until he died testate in 1928; she died in 1939; they had no children; each died without issue; and both parents of John B. Kipling predeceased him. Kipling and wife acquired during coverture two lots in Roswell, Chaves County, New Mexico; title was taken in the name of the husband; but they were community property. By will, he devised all of his property in fee simple and absolutely to her, named her as executrix, and empowered her in that capacity to operate, manage, sell or convey any of such property without restriction or order of court. The estate was probated in the probate court of Chaves County, and the order discharging the executrix adjudged and decreed that the lots be set over to Emma Kipling as sole legatee and devisee as and for her sole and separate estate. She continued as the owner and in possession of it until her death. James Harlan, her brother, filed in the probate court of Chaves County a petition alleging that she died intestate, that the petitioner and Mary Huldy, a sister, were the sole heirs at law of the deceased, and praying for the appointment of an administrator. The court entered an order finding that she died intestate and appointing an administrator. The administrator filed in the proceeding a supplemental petition alleging that the deceased was also survived by another sister and certain nephews and nieces. After publication of a notice that hearing would be had to determine the question of heirship of the deceased and of ownership of the property constituting the estate, the court entered a so-called decree in which it was found that certain blood relatives were the sole heirs at law of the deceased, and that the real estate descended to and vested to them in stated proportions. The personal property belonging to the estate, including the net rents and revenues which accrued during the pendency of the probate proceeding, was subsequently distributed to such persons, and the probate proceeding was closed. Thereafter, Annie Sparks and others, being a surviving sister and surviving nephews and nieces of John B. Kipling, deceased, filed this suit against the relatives of Emma Kipling, deceased, recited in the decree of the probate court to be her sole heirs, and Wood. The complaint was in two causes of action. The first was in conventional form to quiet title to an undivided one-half interest in such lots, and the second was for an accounting of the rents and revenues derived therefrom. The case was tried to the court. During the trial, it was dismissed without prejudice as to the plaintiff annie Alberta Kipling. Judgment was rendered in favor of the remaining plaintiffs quieting title to an undivided five-twelfths interest in the lots, and for recovery of a like proportion of the rents and revenues received after the death of Emma Kipling. Defendants appealed.
 "Bryan County v. United States." by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free){kind=link}