Legal Opinion

Davison v. Davison

Missouri Court of Appeals

Decided March 17, 1903PublishedCited by 18 opinions

Appeal from St. Louis City Circuit Court.— Eon. Wm. Zachritz, Judge. The jurisdiction of the probate court in St. Louis to hear and determine the application of appellant was not ousted by the grant of letters in Jackson county which was made prior to such application. Cox v. Boyce, 152 Mo. 576; Meinicke v. Grothaus, 72 Mo. 204; Bank v. Wilcox,. 15 R. I. 258; In re Estate of King, 105 Iowa 320; Miller v. Swan, 91 Ky. 36; State v. Wear, 145 Mo. 202; Garrison v. Lyle, 38 Mo.

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Appeal from St. Louis City Circuit Court.— Eon. Wm. Zachritz, Judge. The jurisdiction of the probate court in St. Louis to hear and determine the application of appellant was not ousted by the grant of letters in Jackson county which was made prior to such application. Cox v. Boyce, 152 Mo. 576; Meinicke v. Grothaus, 72 Mo. 204; Bank v. Wilcox,. 15 R. I. 258; In re Estate of King, 105 Iowa 320; Miller v. Swan, 91 Ky. 36; State v. Wear, 145 Mo. 202; Garrison v. Lyle, 38 Mo. App. 565; Lacy v. Williams, 27 Mo. 260; Brickett v. Lelover, 7 Cal. 236; Fisher v. Basset, 9 Leigh 134; State v. Benton,…

1Opinion of the CourtGoode, J.

Livingston E. Davis died March 6, 1901, at El Paso, Texas, leaving a will dated February 13,1901, in which he spoke of himself as of the county of Jackson in the State of Missouri, bequeathed all his property to his children, Guy P. and Elise Davison, and appointed his brother executor.

The will was admitted to probate in the probate-court of Jackson county, Missouri, March 26, 1901, and letters testamentary granted the executor. In May of the same year the probate court of the city of St. Louis granted letters of administration on the decedent’s estate to the St. Louis Trust Company, but…

2Cases cited3 opinions

  1. Johnson v. BeazleySupreme Court of Missouri · 1877
  2. Cox v. BoyceSupreme Court of Missouri · 1899
  3. Rowden v. BrownSupreme Court of Missouri · 1886

3Cited by18 opinions

  1. McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
  2. Hadley v. BerneroMissouri Court of Appeals · 1903
  3. Contestible v. BrookshireSupreme Court of Missouri · 1962
  4. State ex rel. Neal v. KauffmanWashington Supreme Court · 1915
  5. Shane v. PeoplesNorth Dakota Supreme Court · 1913

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