In re Estate of Underwood

District of Columbia Court of Appeals

In re Estate of Underwood

2 D.C. 31

CourtDistrict of Columbia Court of Appeals

DecidedJuly 1, 1935

DocketAdministration No. 44507

StatusPublished

This text of 2 D.C. 31 (In re Estate of Underwood) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Underwood, 2 D.C. 31 (D.C. 1935).

Pincite

Opinion

BAILEY, J.

In my opinion the Probate Court has jurisdiction neither of the matters raised in the petition of the administrator c.t.a., nor of the issues raised by the petition and the answer thereto. The jurisdiction of that court is entirely statutory. There is nothing in Section 119 of the D. C. Code that is applicable and Section 369 clearly refers to cases where the provisions of a will render it necessary for the executor or administrator c.t.a. to retain assets in his hands.

The petition should be dismissed for lack of jurisdiction.

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BAILEY, J.

In my opinion the Probate Court has jurisdiction neither of the matters raised in the petition of the administrator c.t.a., nor of the issues raised by the petition and the answer thereto. The jurisdiction of that court is entirely statutory. There is nothing in Section 119 of the D. C. Code that is applicable and Section 369 clearly refers to cases where the provisions of a will render it necessary for the executor or administrator c.t.a. to retain assets in his hands.

The petition should be dismissed for lack of jurisdiction.

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Bluebook (online)

2 D.C. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-underwood-dc-1935.