Matheson

Matheson v. National Surety Co.

Good Law
5 Alaska Fed. 719·69 F.2d 914·1934 U.S. App. LEXIS 3709
United States Court of Appeals for the Ninth CircuitMarch 23, 1934No. 7233California3,059 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order entered July 3, 1933, in the District Court for the Territory of Alaska, First Division, sustaining appellees’ demurrer to appellants’ petition, dismissing said petition, and denying appellants’ motion. The purpose of the motion and of the petition was to set aside an order theretofore made in the matter of the estate of F. Matheson, deceased, settling the account of the administratrix. The matter of the settlement of this account was before this court in Matheson v. National Surety Co., 41 F.(2d) 155 , and the opinion and order in that case is made a part of the petition which was dismissed by the District Court. In stating the facts we will refer to our previous opinion as well as to the facts stated in the transcript and petition.

It appears from our opinion reported in 41 F.(2d) 155, 156 , that the account of the administratrix had been settled by the commissioner of probate, that an appeal was taken from this order to the District Court and from the *721 order of the District Court to this court. The items involved aggregated $8,929.15 for- the maintenance and support of the administratrix who was a widow of the deceased, and the minor…

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