Show Rival Administrators R D Jones and R H Jones appel rants vs B H Jones judgment of the lower court affirmed opinion by Judge Bartch concurred in by Judges Rierritt and King The case was a doublebarrelled one The first section taken up was that of B D Jones and R H Jones appellants lants vs B H Jones respondent appeal ap-peal from the Fourth district court Judge Smith presiding The probate court of Box Elder county on January 26 1895 made an order appointing R D Jones and R H Jones special administrators ad-ministrators of the estate of L H Jones deceased pending an appeal contest on the right of general letters From this grant of special administration lon B H Jones twice attempted as general administrator of the estate to take an appeal to the district court This action removed the record of special administration to the district court and the special administrators moved to dismiss the appeal on varIous var-Ious grounds At the same time B H Jones still assuming the representative representa-tive capacity of general administrator made a counter motion in the district court to dismiss the proceedings The court granted the counter mo ton and denied the first motion and from this judgment the present appeal was taken Growing out of this was the second section of the case entitled Ricy H Jones appellant vs the New York Life Insurance company appeal from the Fourth presiding district court Judge Smith The plaintiff sued the New York Life insurance company to collect 1500 upon an insurance policy upon the life of Lewis H Jones The defendant answered an-swered that B H Jones and R D Jones each claimed the said insurance money as administrator of the estate of Lewis H Jones deceased that i was Ignorant of the respective rights of the claimants and that it was not In collusion with either It asked to be permitted to pay the money into court and be discharged The order was made and the money paid Into court The plaintiff claimed that the policy had been assigned to him and that I formed no part of the estate of the deceased The court below ordered that plain tiffs motion for judgment on the pleadings be denied and further ordered or-dered that B H Jones and R D Jones be substituted as defendants instead of the defendant insurance company Upon the latter paying the 1550 Into court taken From this ruling the appeal was |