Pyatt v. Brockman
Before: Heydenfeldt
Synopsis
The Probate Court has no power to direct that the portion of an estate of an intestate, originally allotted to one of heirs-at-law, a non-resident, shall be distributed among the other heirs, if the non-resident heir shall fail to appear and claim it within a year. The money should be paid into the State Treasury, where it must remain until claimed by the owner, or in case of his death, by his representatives.
Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Chief Justice Murray concurred.
This is a proceeding which is totally unauthorized, and the petitioners have no right whatever to the fund they seek. It is the money of Hiram Smith, Jr., and must remain his until he dies, or disposes of it. The duty of Brockman is to pay it into the State Treasury, where it must remain until the owner comes to reclaim it, or in case of his death, it is claimed by his representatives.
The order of the Probate Court is reversed.
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