Tate v. Norton - 94 U.S. 746 (1876)
U.S. Supreme Court
Tate v. Norton, 94 U.S. 746 (1876)
Tate v. Norton
94 U.S. 746
1. In Arkansas, the real as well as the personal estate of the intestate is assets in the hands of an administrator, but neither species of property can be sold without an order of the probate court.
2. A claim admitted by the administrator, and allowed and classified by the probate court, has the dignity and effect of a judgment.
3. There can be no devastavit which will sustain an action against an administrator until he has violated an order of the probate court to pay creditors, and his accounts settled by that court cannot be collaterally attacked, but are conclusive, until, by a direct proceeding in equity instituted for that purpose, they are impeached for fraud or mistake.
The facts are stated in the opinion of the Court.