RoBards v. Lamb

Supreme Court

RoBards v. Lamb

127 U.S. 58, 8 S. Ct. 1031, 32 L. Ed. 60, 1888 U.S. LEXIS 1963

CourtSupreme Court of the United States

DecidedApril 16, 1888

Docket1088

StatusPublished

Cited by2 cases

This text of 127 U.S. 58 (RoBards v. Lamb) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

RoBards v. Lamb, 127 U.S. 58, 8 S. Ct. 1031, 32 L. Ed. 60, 1888 U.S. LEXIS 1963 (1888).

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Opinion

Mr. Justice Harlan,

after stating the facts in the above language, delivered the opinion of the court.

The only question, among those presented, of which this court can take cognizance, is whether the statute of Missouri, which authorizes a special administrator having charge of the estate of a testator pending a contest as to the validity of his *62 will, to have a final settlement of his accounts, without giving notice to distributees, and which settlement, in the absence of fraud, is deemed conclusive as against such distributees, is repugnant to the clause of the Constitution of the United States forbidding a State to deprive any person of his property without due process of law. We have no difficulty in answering this question in the negative. Without stating all the grounds upon which this conclusion might be rested, it is sufficient 'to say that, in matters involved in the accounts of such special ' administrator, the executor or administrator with the will annexed represents all claiming under the will. The regular representative of the estate, before passing his receipt to the special administrator, has an opportunity to examine this settlement, and, if it is not' satisfactory, to contest its correctness by some appropriate proceeding. When an executor or administrator with the will annexed proposes to make a final settlement of his own accounts, he is required to give notice to creditors and distributees; for there are' ho other representatives of the estate. But when a special administrator ceases to act as such, that is, when his functions cease by operation of law, he must account for the property and estate in his hands to the executor or administrator with the will, annexed, who, in receiving what had been temporarily in the charge of the,former, acts for all interested in the distribution of the estate. As, therefore, the regular representative of the estate has an opportunity to contest- the final settlement of the special administrator, before giving him an acquittance, it cannot ' be said that the absence of notice to the distributees of such settlement amounts to a deprivation of their rights of property without, due process of law.

The judgment is affirmed.

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Mr. Justice Harlan,

after stating the facts in the above language, delivered the opinion of the court.

The only question, among those presented, of which this court can take cognizance, is whether the statute of Missouri, which authorizes a special administrator having charge of the estate of a testator pending a contest as to the validity of his *62 will, to have a final settlement of his accounts, without giving notice to distributees, and which settlement, in the absence of fraud, is deemed conclusive as against such distributees, is repugnant to the clause of the Constitution of the United States forbidding a State to deprive any person of his property without due process of law. We have no difficulty in answering this question in the negative. Without stating all the grounds upon which this conclusion might be rested, it is sufficient 'to say that, in matters involved in the accounts of such special ' administrator, the executor or administrator with the will annexed represents all claiming under the will. The regular representative of the estate, before passing his receipt to the special administrator, has an opportunity to examine this settlement, and, if it is not' satisfactory, to contest its correctness by some appropriate proceeding. When an executor or administrator with the will annexed proposes to make a final settlement of his own accounts, he is required to give notice to creditors and distributees; for there are' ho other representatives of the estate. But when a special administrator ceases to act as such, that is, when his functions cease by operation of law, he must account for the property and estate in his hands to the executor or administrator with the will, annexed, who, in receiving what had been temporarily in the charge of the,former, acts for all interested in the distribution of the estate. As, therefore, the regular representative of the estate has an opportunity to contest- the final settlement of the special administrator, before giving him an acquittance, it cannot ' be said that the absence of notice to the distributees of such settlement amounts to a deprivation of their rights of property without, due process of law.

The judgment is affirmed.

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Bluebook (online)

127 U.S. 58, 8 S. Ct. 1031, 32 L. Ed. 60, 1888 U.S. LEXIS 1963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robards-v-lamb-scotus-1888.

Opinion

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