Hawes
Hawes v. Hansen
Opinion
Lead Opinion
Wilbur, J.
This is an appeal from a judgment adjudicating the bankruptcy of Edna G. Schwab, deceased, rendered on May 23, 1935. The appeal was allowed June 10, 1935. On September 17, 1935, the District Judge signed what was styled an “Approved Statement of the Evidence.” This was approved as to form by the attorneys representing the petitioning creditor, the appellee, and by the attorney for the special administratrix, the appellant.
It appears from this statement that on February 13, 1930, the appellee, Aslaug Hansen, as a petitioning creditor, filed an involuntary petition in bankruptcy against Edna G. Schwab, the alleged bankrupt. On March 12, 1930, she filed an answer denying bankruptcy and opposing the adjudication of bankruptcy and demanding a jury trial. She died on August 30, 1933. On January 16, 1934, the issue made by the petition for involuntary bankruptcy and the denial of Edna G. Schwab was brought on for trial before a jury, and a verdict was rendered that Edna G. Schwab was bankrupt. After the trial and the verdict, Helyn V. Hawes, also known as Virginia Hawes, the appellant, was appointed special administratrix of the estate of Edna G. Schwab. On February 3, 1934, she filed…