In re Pierce

D. Washington

In re Pierce

102 F. 977, 1900 U.S. Dist. LEXIS 231

District Court, D. Washington·Decided July 11, 1900·Published·Cited by 6 cases

Opinion

HANFORD, District Judge.

Upon consideration of the certifícale of K. D. McCully, referee, submitting the question: “Has the bankruptcy court any jurisdiction over the partnership estate? If so, to what extent?” — it is considered by the court that this court has complete jurisdiction of this case, and jurisdiction over the partnership estate of the late firm of D. W. Pierce & Son, provided possession of the assets can be obtained by the referee without forcibly interfering with property in the legal custody of an administrator. If the administrator will voluntarily surrender possession of the estate, the trustee may take it; but the trustee cannot take possession of any property of which the administrator has custody without his consent.

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HANFORD, District Judge.

Upon consideration of the certifícale of K. D. McCully, referee, submitting the question: “Has the bankruptcy court any jurisdiction over the partnership estate? If so, to what extent?” — it is considered by the court that this court has complete jurisdiction of this case, and jurisdiction over the partnership estate of the late firm of D. W. Pierce & Son, provided possession of the assets can be obtained by the referee without forcibly interfering with property in the legal custody of an administrator. If the administrator will voluntarily surrender possession of the estate, the trustee may take it; but the trustee cannot take possession of any property of which the administrator has custody without his consent.

In re Pierce, 102 F. 977, 1900 U.S. Dist. LEXIS 231 (washd 1900).

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Opinion

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