Legal Opinion

Becraft v. Lewis

Missouri Court of Appeals

Decided May 19, 1890PublishedCited by 24 opinions

Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The estate involved in tbis controversy is not. of that character, mentioned or contemplated by law; which authorizes the public administrator to take charge of.

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Appeal from the Schuyler Circuit Court. — Hon. Andrew Ellison, Judge. (1) The estate involved in tbis controversy is not. of that character, mentioned or contemplated by law; which authorizes the public administrator to take charge of. Our statutes provide just what estates the public administrator shall take charge of; the law provides, what conditions said estates shall possess, and, when any estate is wanting in any condition precedent, then the public administrator has no authority to take charge of it; and the probate court cannot authorize him to take charge of it. Because it is settled…

1Opinion of the CourtEllison, J.

This proceeding is to revoke the authority of the defendant, the public administrator of Schuyler county, to administer on the estate of J. W. Anthony, deceased, late of Davis county, Iowa. It was begun on the motion of plaintiffs in the probate court. The motion was overruled and appealed to the circuit court where it was again denied and the plaintiffs appeal. At the trial it was admitted that defendant Lewis was ordered by the probate court of Schuyler county to take charge of the estate of J. W. Anthony, deceased, and is assuming to act as the. administrator of the estate of said J. W.…

2Cases cited14 opinions

  1. Smith v. DennySupreme Court of Missouri · 1865
  2. Woodin v. BagleyNew York Supreme Court · 1835
  3. Murphy v. HanrahanWisconsin Supreme Court · 1880
  4. Miller v. EatmanSupreme Court of Alabama · 1847
  5. State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885

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3Cited by24 opinions

  1. Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
  2. McCracken v. McCaslinMissouri Court of Appeals · 1892
  3. Nickel v. VogelSupreme Court of Kansas · 1907
  4. Green v. TittmanSupreme Court of Missouri · 1894
  5. Boeger v. LangenbergMissouri Court of Appeals · 1890

19 more not listed; retrieve them via the Exa API.

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