Legal Opinion

Garrison v. St. Louis Trust Co.

Missouri Court of Appeals

Decided December 13, 1898PublishedCited by 6 opinions

Writ of Error from the St. Louis City Circuit Court. Hon. Leroy B. Yalliant, Judge. Probate courts in Missouri, though courts of limited jurisdiction, are, nevertheless, invested with full power to determine all matters that may arise in the settlement of estates, and where the law is silent may and should exercise quasi equity jurisdiction.

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Writ of Error from the St. Louis City Circuit Court. Hon. Leroy B. Yalliant, Judge. Probate courts in Missouri, though courts of limited jurisdiction, are, nevertheless, invested with full power to determine all matters that may arise in the settlement of estates, and where the law is silent may and should exercise quasi equity jurisdiction. Our probate courts were established with extensive powers and jurisdiction for the purpose of doing everything necessary to the full and final administration of an estate. They possess about the same powers formerly exercised in England by the…

1Opinion of the CourtBland, P. J.

March 8, 1896, Daniel R. Garrison, a resident of the city of St. Louis, died, leaving a last will. On March 26, 1896, Thomas Booth, qualified and received letters testamentai’y as executor of the will of Garrison, and administered Garrison’s estate, until June 6, 1897, when he died. The inventory of Garrison’s estate, as filed by Booth, consisted of real estate, cash, stocks, bonds, notes and miscellaneous chattels, aggregating $74,887.46 in value. To this amount was added income during the period of Booth’s administration, $3,597.32, making a total of personal estate to be accounted for by…

2Cases cited5 opinions

  1. McIntire v. McIntireSupreme Court of Missouri · 1883
  2. South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
  3. State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
  4. Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
  5. Estate of Boothe v. ReedsMissouri Court of Appeals · 1889

3Cited by6 opinions

  1. Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
  2. Matson v. PearsonMissouri Court of Appeals · 1906
  3. Peters v. BerkemeierMissouri Court of Appeals · 1908
  4. In Re Peper v. BellSupreme Court of Missouri · 1920
  5. In Re Estate of Cohn v. CohnMissouri Court of Appeals · 1942

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