Stanton v. Gibbins
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Row. A. D. Burnes, Judge. (1) In this and similar eases the administrator, and he alone, is the proper party to collect, preserve, administer and distribute the assets of estates of deceased persons, notwithstanding agreements to the contrary made by a debtor of the estate with the heirs or distributees thereof. Bartlett v. Hyde, 3 Mo. 490; State ex rel. v. Moore, 18 Mo. App. 406; McMillan v. Wacker, 57 Mo.
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Appeal from Andrew Circuit Court. — Row. A. D. Burnes, Judge. (1) In this and similar eases the administrator, and he alone, is the proper party to collect, preserve, administer and distribute the assets of estates of deceased persons, notwithstanding agreements to the contrary made by a debtor of the estate with the heirs or distributees thereof. Bartlett v. Hyde, 3 Mo. 490; State ex rel. v. Moore, 18 Mo. App. 406; McMillan v. Wacker, 57 Mo. App. 220; Jacobs v. Maloney, 64 Mo. App. 270. (2) The note in suit is not barred by limitations. The last indorsement of payment thereon before the…
1Opinion of the CourtEllison, J.
— Defendants on March 12, 1872, executed a note for $300, together with a mortgage to secure it, to Elizabeth Calvert. The note was due in one year. A payment of $100 was made on the note April 2, 1885. Elizabeth Calvert died April 18,1889. Plaintiff was appointed administrator of her estate August 3, 1901, and this action was begun on July 31, 1902. The statute of limitations was made a defense and the trial court found for defendants.
Prior to 189.1, an action to foreclose a mortgage on real estate might have been maintained if brought any time within twenty years notwithstanding the…
2Cases cited2 opinions
- Little v. ReidMissouri Court of Appeals · 1898
- Schlueter v. AlbertMissouri Court of Appeals · 1890
3Cited by8 opinions
- Austin v. ShipmanMissouri Court of Appeals · 1911
- Griesel v. JonesMissouri Court of Appeals · 1907
- In Re Matson's EstateNew Mexico Supreme Court · 1946
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Bumgardner v. WealandSupreme Court of Missouri · 1906
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