Hoffman v. Harvey

This is an appeal from an order of the probate court dated March 21, 1956, authorizing the respondent administrator in his discretion to prosecute the claim which he had made for the estates of Coffey against the estate of Liddle despite a previous order authorizing him to compromise said claim. The facts which give rise to this controversy are as follows:

Edward I. Coffey, an attorney, died intestate on June 20, 1943. His sole heir was his widow Kathleen, who was appointed administratrix. The estate of Edward I. Coffey was distributed on October 15, 1945. As the estate was insolvent, the decree of final distribution provided that if any property was subsequently discovered, certain creditors were entitled to share therein in proportion to their respective claims as follows:

Jerome J. & Nora Enright (subsequently assigned to B. H. Freeman)........... $9,421.58

Mills Estate, Inc...................... 2,229.57

Gertrude Hoffman (one of the appellants here) .............................. 824.96

The decree further provided that any property remaining after the above claims were paid in full was to pass to the widow. The widow, Kathleen Coffey, died on July 27, 1947. Her only heirs…