In re Estate of Kruse

The opinion of the court was delivered by The principal question in this case is whether claims against a decedent's estate were filed within the time provided by law. George Kruse died intestate on July 16, 1947. On July 18, 1947, one of the appellant claimants filed a petition in the probate court for administration of his estate. An order for hearing was made, notice of such hearing was duly published, and on the date set therein, August 16, 1947, an order was made appointing one Hintleman as administrator, and he was ordered to file his bond in the amount of $2,000. He did not file a bond or take his oath of office. On August 18, 1947, two heirs-at-law of the deceased appeared and filed their motion to set aside his appointment, and for a continuance. No further proceedings were had until September 29, 1947, at which time these same two heirs-at-law moved for the appointment of an administrator of their own choosing. This motion was filed in the same case and file as the former petition.