In Re Estate of M. D. FOLEY, Deceased, W. E. GRIFFIN, Administrator of the Estate of M. D. FOLEY, Deceased, Appellant, v. JOHN D. FOLEY, JEREMIAH D. FOLEY, EDMUND D. FOLEY, ANNA D. FOLEY and JOHANNA FOLEY, Respondents
Foley v. Foley
In Re Estate of M. D. FOLEY, Deceased, W. E. GRIFFIN, Administrator of the Estate of M. D. FOLEY, Deceased, Appellant, v. JOHN D. FOLEY, JEREMIAH D. FOLEY, EDMUND D. FOLEY, ANNA D. FOLEY and JOHANNA FOLEY, Respondents.
[No. 1515.]
In Re Estate of M. D. FOLEY, Deceased, W. E. GRIFFIN, Administrator of the Estate of M. D. FOLEY, Deceased, Appellant, v. JOHN D. FOLEY, JEREMIAH D. FOLEY, EDMUND D. FOLEY, ANNA D. FOLEY and JOHANNA FOLEY, Respondents.
Probate Practice — Partial Distribution — Bights of Grantee of Heir. When any person appears in a proceeding for partial distribution of the estate of a decedent, claiming the property sought to be distributed as the grantee of an heir, devisee or legatee, and objects to such distribution being made to his grantor, the distribution should be denied or suspended until the rights of the contestant are determined on final distribution or in some other appropriate proceeding.
Appeal from the District Court of the State of Nevada, Washoe county; C. E. Mack, District Judge, presiding:
Administration of the estate of M. D. Foley, deceased. Petition of Mrs. Oscar J. Smith, former widow, for a partial distribution. John D. Foley and others, heirs, answered. From a decree of distribution, the administrator, W. E. Griffin, appeals.
Reversed. Petition for rehearing denied.
(See case of Smith v. Foley, this volume, page 198.)
The facts sufficiently appear in the opinion.
Curler & Curler, for Appellant.
R. R. Bigelow, Geo. W. Baker and T. V. Julien, for Respondents.
By the Court,
Belknap, C. J.:
There have been two appeals taken in the matter of the above estate, one by Mrs. Smith, Docket No. 1518, and the present one by the administrator, Docket No. 1515.
The same question is presented by each of the appeals, and upon the authority of our former decision, Docket No. 1518, the judgment herein is reversed and the cause remanded.