The deceased, a resident of Illinois, was killed in an automobile accident while driving in Cherry County, Nebraska. The family in the other car involved were residents of California; all were injured. The deceased’s insurer was an Illinois corporation doing business in Nebraska with offices in Lancaster County. The deceased’s estate was administered in his domicile, Cook County, Illinois. Subsequently the injured party made application for appointment of an administrator in Lancaster County, Nebraska. An administrator was appointed, but later dismissed on the objections of the deceased’s heir and the insurance company.

The court was confronted with the question of whether the automobile indemnity insurance policy of the deceased non-resident motorist constituted sufficient assets to support ancillary administration in Nebraska. The court held there was sufficient estate to support administration. The case is of first impression in Nebraska, but the issue has been before several other courts, which, have come to widely differing results on the same, or very similar facts.

Aside from the practical considerations, it appears that in some cases the granting of ancillary administration may have given the injured party a cause of action where he otherwise would have had none. On the other hand, when the legislature provides adequate methods of gaining jurisdiction of the domiciliary administrator there is no reason to appoint an ancillary administration.