Elms Realty Co. v. Wood
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. T. J. Seehorn, Judge. (1) In this State future rent is a valid claim for allowance against the estate of deceased when payment is deferred until the debt is mature. Sec. 210, R. S. 1909; Traylor v. Cabanne, 8 Mo. App. 131; Cassatt v. Yogel, 12 Mo. App. 323, 94 Mo. 646; Schmeiding v. Doellner, 13 Mo. App. 228; Kavanaugh v. Shaughnessy, 41 Mo. App. 657; Paving & Const. Co. v. Prather’s Adm., 58 Mo.
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Appeal from Jackson Circuit Court.—Hon. T. J. Seehorn, Judge. (1) In this State future rent is a valid claim for allowance against the estate of deceased when payment is deferred until the debt is mature. Sec. 210, R. S. 1909; Traylor v. Cabanne, 8 Mo. App. 131; Cassatt v. Yogel, 12 Mo. App. 323, 94 Mo. 646; Schmeiding v. Doellner, 13 Mo. App. 228; Kavanaugh v. Shaughnessy, 41 Mo. App. 657; Paving & Const. Co. v. Prather’s Adm., 58 Mo. App. 487; Stevens v. Stevens, 172 Mo. 28. (2) When a lease has been appropriated by the éstate of a decedent, the estate thereby becomes bound -for all rents.…
1Opinion of the Court
Appeal from the Circuit Court of Jackson County. This suit presents the question whether future rent not accrued nor due under a lease for years, may be adjusted and allowed in favor of the lessor by the probate court as a claim against the estate of the lessee.
The facts are undisputed. The plaintiff corporation in 1911 owned a hotel at Excelsior Springs and leased it to Willis Wood by an instrument of writing for the term of fourteen years from August 1, 1912 to July 31, 1926, for a yearly rental of $30,000, payable in advance in monthly installments of $2,500 each. Among other things, the…
2Cases cited15 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Burton v. RutherfordSupreme Court of Missouri · 1872
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Estate of Howard v. HoweSupreme Court of Missouri · 1939
- In Re Franz EstateSupreme Court of Missouri · 1952
- Warnecke v. Estate of RabenauMissouri Court of Appeals · 1963
- Hartford Accident & Indemnity Co. v. BiermanMissouri Court of Appeals · 1966
- Baker v. SnyderSupreme Court of Oklahoma · 1972
1 more not listed; retrieve them via the Exa API.