Trustees of General Assembly of the Presbyterian Church v. McElhinney
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. After the final settlement, the power of the court over the administrator’s accounts ceases. (Collins vs. Stephenson, 12 Mo.. 178, 182.) Hence the action of the court in entertaining a claim by Mrs. Huekstep, and makingan allowance therefor, was ‘•'coram non judice and the validity of its proceedings may be questioned in a collateral proceeding.
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Jlppeal from St. Louis Circuit Court. After the final settlement, the power of the court over the administrator’s accounts ceases. (Collins vs. Stephenson, 12 Mo.. 178, 182.) Hence the action of the court in entertaining a claim by Mrs. Huekstep, and makingan allowance therefor, was ‘•'coram non judice and the validity of its proceedings may be questioned in a collateral proceeding. How much more then, in a direct proceeding to enforce a sale of real estate to pay such an allowance! The administrator cannot create debts, even in process of administration, and then sell real estate to pay…
1Opinion of the CourtSherwood, Judge
The facts in this cause as agreed upon by the parties litigant, are briefly as follows: In 1856 Robt. JP. Huekstep made *542and published his last well and testament, whereby he made his wife, Charlotte, his executrix, bequeathing-to her during her natural life, all of his property, and providing, that upon her death, and after the payment of the debts of the testator and of the debts of the wife, the plaintiffs, after the satisfaction of certain other claims of minor importance, were to be the recipients of the proceeds arising from the sale of the residue of his estate. In 1857 this will was…
2Cases cited3 opinions
- Farrar v. DeanSupreme Court of Missouri · 1856
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Aubuchon v. LorySupreme Court of Missouri · 1856
3Cited by27 opinions
- Gardine v. CotteySupreme Court of Missouri · 1950
- Hammond v. WheelerSupreme Court of Missouri · 1961
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Matson v. PearsonMissouri Court of Appeals · 1906
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
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