Elstroth v. Young
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. Real estate and the proceeds thereof are assets in the hands of an administrator for the payment of debts. McPike v. McPike, 111 Mo. 216-227. In Governor v. Ohouteau, 1 Mo. 731, the land of deceased was sold under execution after his death.
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Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. Real estate and the proceeds thereof are assets in the hands of an administrator for the payment of debts. McPike v. McPike, 111 Mo. 216-227. In Governor v. Ohouteau, 1 Mo. 731, the land of deceased was sold under execution after his death. (Such sales authorized by laws of 1825, sec. 1, pp. 362, 363 and 364.) There was a surplus of $420 which was paid to the administrator, and the court held that it was assets oí the estate and he liable on his bond therefor. Abbott v. Miller, 10 Mo. 141; State ex rel. v. Schell, 47 Mo.…
1Opinion of the CourtBiggs, J.
The defendant Young is the administrator of the estate of Eritz Dickmeyer, who died in 1896. At the time of his death he was the head of a familyand occupied as a homestead a certain farm in Lincoln county. He left surviving him four minor children. The defendant was appointed curator of their estates. Dickmeyer had mortgaged his homestead, and the mortgage debt was unpaid at his death. Subsequently the land was sold under the mortgage, and after paying the incumbrance and the costs of sale, there was a surplus of the proceeds of sale amounting to $1,767.36. On July 23, 1897, the trustee in…
2Cases cited7 opinions
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- West v. McMullenSupreme Court of Missouri · 1892
- Hufschmidt v. GrossSupreme Court of Missouri · 1892
- Casebolt v. DonaldsonSupreme Court of Missouri · 1878
- State ex rel. Sligo Iron Store Co. v. MasonSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sterns v. M. F. A. Mutual Insurance Co.Missouri Court of Appeals · 1966
- Wells v. BenteMissouri Court of Appeals · 1900
- State ex rel. Schneider v. HullMissouri Court of Appeals · 1903
- Geerdts v. RiesenbergMissouri Court of Appeals · 1905
- Williams v. WilliamsMissouri Court of Appeals · 1912
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