Howell

At the time of his death, Tom Smith had in his name and possession certificates for 4,000 shares of corporate stock. After the appointment and qualification of the appellant as administrator of his estate, appellee represented to him that in fact the stock belonged to appellee, and demanded transfer and possession thereof. The demand being refused, claimant filed in the probate court, where the administration was pending, a petition setting forth in some detail the transaction by which the decedent had been given possession, from which it clearly appeared that the estate had no interest, that the entire beneficial interest was in appellee, and that he should be reinvested with the title and given possession. The administrator answered without in any way questioning the jurisdiction of the court to determine the issue. Upon a hearing, the probate court held that the stock belonged to the estate, and denied the petition, whereupon, as authorized by the Alaska Code, the claimant appealed to the District Court. There the administrator interposed a demurrer to the petition, challenging its sufficiency, and asserting a misjoinder of causes of action, but in no wise suggesting any…