HOLZBEIERLEIN
v.
GRANT ET AL.
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The Probate Court correctly dismissed the petition because it lacks jurisdiction to determine ownership of property claimed by a third party against the estate.
The appellant, after renouncing her interest in her deceased husband's will, sought delivery of securities held by the executors. She claimed ownershi…
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Michael M. Holzbeierlein died testate. The appellant, after renouncing her interest under the will and electing to take as his widow under the statutes, filed a petition seeking delivery of certain securities which are now held by the executors of the will. The District Court, sitting in Probate, dismissed the petition.
A reading of the petition filed in the Probate Court leaves doubt in regard to the theory upon which appellant claims the securities. Considering the petition as a whole and the first prayer for relief, however, it can be determined that she is not claiming this personal property as a dis-tributee under the statutes.
In her brief, appellant claims the ownership of these securities under a written contract.1 As a result they would not be distributed as a part of the estate. The relief requested is in the nature of specific performance.
Although appellant will be a distributee under the statutes, for the purposes of this action she is in the position of a third party claiming ownership, as against the estate, of these securities held by the executors. The Probate Court is a tribunal of limited jurisdiction. Jurisdiction to settle ownership of property has not been given.2
Affirmed.
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Watkins v. Rives, 125 F.2d 33 (D.C. Cir. 1941)
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Fid. & Deposit Co. of Md. v. McQUADE, 123 F.2d 337 (D.C. Cir. 1941)
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Overholser v. Gordon, 187 F.2d 216 (D.C. Cir. 1951)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. Dunlap, 115 F.2d 689 (D.C. Cir. 1940)