Jurisdiction to Appoint an Administrator to Sue for Wrongful Death

Abstract

A recent case decided by the Appellate Court of Indiana raises the question of jurisdiction to appoint a personal representative for the purpose of bringing an action for wrongful death of decedent. In this case a petition was filed for the removal of the administrator and the cancellation of letters of administration. Decedent had been a resident of Illinois. While traveling in Indiana he was killed by alleged negligence of petitioner. The decedent had property in his possession in Indiana at his death consisting of twenty-five dollars in cash and a leather grip containing various articles of clothing, etc. It was held (1) that the claim for damages for the death of a non-resident by wrongful act of a person in Indiana will not support the appointment of a local ancillary administrator; (2) but that the existence of the personal property of the decedent in Indiana at the time of his death will support local ancillary administration. It may be added that when decedent died the personal property in his possession in Indiana was sent to the widow in Illinois. After the appoint of the local administrator the property was returned to him.