Show A DULY RECORDED BRAND Held to Be Personal Properly to Be Disposed Of by Will of Decedent Attorney General lltshop sent the otlowlng opinion to State Auditor Illchnrds today In answer to the question ques-tion as to whether he would bo required re-quired to rorecord a brand In the jinmc of an heir of an estate which hale hal-e I belonged to the decedent ot said estate Application being mod threfor under the law of 1897 In answering your question It maybe may-be pertinent to observe that under the statutes of this State a brand when duly recorded constitutes a property right and ns such Is I the subject of as lgOlnent In the same mnnnor Ila other personal property It might also be the subject of bequest and be disposed of by ills will of the decedent In the absence of Any such bequest however I the title thereto would vest In the cx eculcr or udmlnlstintor ns against all others and would be subject to ml ministration the same As other pr I nonal properly belonging to said estate If sold or assigned by the administrator adminis-trator It must be done In the manner provided by law nnd ns Is I usual In such cases Iy an older 01 I lie court hllllIg Jurisdiction of the subject matter mat-ter The alsnee 01 on owner III OilY brand 1 might make application to have the same rerecorded In Ills own name anti when satisfied that such Resign ment had been duly and bIt made b-It would be I your duty asSign recorder of I Irk unit brand lu grant the appll cotlon So too the assigned of the executor or administrator of the deceased might also apply to have the Panic rrecor ed I In his nom and when satisfied much assignment had been duly Ana legally male It vould be your duty touch roreeir l the prime In his nnme Prom the foregoing observations II follovis that the heir of a decedent ouch o-uch has no legal right to have reo rorrllln hI Mm it bra nit voldch Le longed to his deceased ancestor nor ouhlll bo incumbent upon you no a pulind officer to recognize such appil + eatlo I |