ROBARDS
v.
LAMB
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Missouri's statute permitting a special administrator to settle accounts without notice to distributees does not violate the Due Process Clause of the Fourteenth Amendment because the regular executor or administrator with the will annexed represents all claimants under the will and has an opportunity to examine and contest the special administrator's settlement before granting a final acquittance. The Supreme Court affirmed the lower court judgment, holding that this procedural mechanism provides adequate due process protection for distributees' property interests.
© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Mr. Justice Harlan,
after stating the facts in the above language, delivered the opinion of the court.
The only question, among those presented, of which this court can take cognizance, is whether the statute of Missouri, which authorizes a special administrator having charge of the estate of a testator pending a contest as to the validity of his will, to have a final settlement of his accounts, without giving notice to distributees, and which settlement, in the absence of fraud, is deemed conclusive as against such distributees, is repugnant to the clause of the Constitution of the United States forbidding a State to deprive any person of his property without due process of law. We have no difficulty in answering this question in the negative. Without stating all the grounds upon which this conclusion might be rested, it is sufficient 'to say that, in matters involved in the accounts of such special ' administrator, the executor or administrator with the will annexed represents all claiming under the will. The regular representative of the estate, before passing his receipt to the special administrator, has an opportunity to examine this settlement, and, if it is not' satisfactory, to contest its correctness by some appropriate proceeding. When an executor or administrator with the will annexed proposes to make a final settlement of his own accounts, he is required to give notice to creditors and distributees; for there are' ho other representatives of the estate. But when a special administrator ceases to act as such, that is, when his functions cease by operation of law, he must account for the property and estate in his hands to the executor or administrator with the will, annexed, who, in receiving what had been temporarily in the charge of the,former, acts for all interested in the distribution of the estate. As, therefore, the regular representative of the estate has an opportunity to contest-the final settlement of the special administrator, before giving him an acquittance, it cannot ' be said that the absence of notice to the distributees of such settlement amounts to a deprivation of their rights of property without, due process of law.
The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (31 total)
- Pennoyer v. Neff, 95 U.S. 714 (U.S. 1877)
- Slaughter-House Cases. The Butchers' Benevolent Ass'n of New Orleans v. The Crescent City Live-Stock Landing & Slaughter-House Co., 16 Wall. 36 (U.S. 1872)
- Den v. The Hoboken Land & Improvement Co., 18 How. 272 (U.S. 1855)
- Davidson v. New Orleans, 96 U.S. 97 (U.S. 1877)
- Murdock v. City of Memphis, 20 Wall. 590 (U.S. 1875)
- Hagar v. Reclamation Dist. NO. 108, 111 U.S. 701 (U.S. 1884)
- Des Moines Navigation & R.R. Co. v. Iowa Homestead Co., 123 U.S. 552 (U.S. 1887)
- R.R. Co. v. Nat'l Bank, 102 U.S. 14 (U.S. 1880)
- Webster v. Reid, 11 How. 437 (U.S. 1850)
- Chicago Life Ins. Co. v. Needles, 113 U.S. 574 (U.S. 1885)