Knight v. Cowham

Summary

The Michigan Supreme Court held that an administratrix appointed in Michigan lacked authority to revive, in an Oklahoma federal court, an action against the estate because she had not been appointed or qualified as a representative in Oklahoma. Her appearance and stipulation therefore did not bind the estate, and the resulting judgment could not be enforced against it. The court affirmed the trial court’s judgment rejecting the claim.

Holdings

1. An executor or administrator appointed in Michigan has no representative authority beyond Michigan and cannot, solely by virtue of that appointment, appear in another state to bind the estate.
2. Although the Oklahoma court's jurisdiction over Cowham personally was not necessarily destroyed by his death, the action was suspended until a legally authorized representative of the estate existed and the action was properly revived in that representative's name.
3. Because no authorized representative of Cowham's estate revived the Oklahoma action, the Oklahoma court lacked jurisdiction to render a judgment binding on the estate, and the judgment was not enforceable against the estate in Michigan.

Questions Presented

1. Whether a Michigan administratrix could, solely by virtue of her Michigan appointment, stipulate to revive an action in Oklahoma and bind the decedent's estate.
2. Whether the Oklahoma federal court retained jurisdiction after Cowham's death to enter judgment against his estate.
3. Whether the Oklahoma judgment could be enforced against the estate in Michigan.

Disposition

affirmed