Vance v. Estate Of Myers

494 P.2d 816 (1972)

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Nature of the Case

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Facts

Myers died, and Holbert was appointed administrator of the estate. Holbert was allowed to operate the business owned by the decedent, Chuck's Corner Bar, in Nenana, Alaska. Holbert filed a petition for settling final account, distribution, and discharge. The court approved the accounting and found that the administrator should be discharged, after paying expenses and making distribution of the estate. The final distribution, leaving no funds of the estate in the hands of Holbert, was accomplished on August 20, 1970. On August 31, 1970, the sole beneficiary of the estate requested that the administrator be discharged. On September 22, 1970, the administrator submitted a second supplement to his final accounting and petitioned for discharge. This was granted by order of the superior court on September 25, 1970. On August 31, 1970, P filed suit against several persons, including Holbert as administrator of the estate of Myers. P alleges that her husband was physically injured in an altercation in Chuck's Corner Bar on June 5, 1970. It is alleged that the injuries resulted, in part, from the actions of the administrator and an employee of the administrator in that they served drinks to John Vance when Vance was already intoxicated. The action was filed shortly before the superior court discharged the administrator. The superior court was aware of the pending tort action at the time it granted the discharge. P moved to set aside the decree of discharge and reinstate the administrator until the tort action could be concluded. The motion was denied. P appealed.