Clyce v. Anderson
Supreme Court of Missouri
Error to Warren Circuit Court. I. An administrator’s or guardian’s settlement maybe set aside in equity, for fraud in the administration or devastavit by him. It is not necessary, as assumed by the court in Picot v. Bates, 48 Mo. 891, that an actual fraud should be proved. It is enough that the administrator shall have been guilty of any acts, omissions or concealments by which plaintiffs have been injured. (Sto. Eq.
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Error to Warren Circuit Court. I. An administrator’s or guardian’s settlement maybe set aside in equity, for fraud in the administration or devastavit by him. It is not necessary, as assumed by the court in Picot v. Bates, 48 Mo. 891, that an actual fraud should be proved. It is enough that the administrator shall have been guilty of any acts, omissions or concealments by which plaintiffs have been injured. (Sto. Eq. PL, § 187.) It is the difference between fraud in law and fraud in fact. Any other view of the law makes these settlements of the Probate Court an immunity and protection to…
1Opinion of the CourtBliss, Judge
Rebecca Griswold bequeathed and devised all her property to her nieces, daughters of defendant Anderson, the executor, and this suit is brought by said daughters and their husbands to set aside the final settlement of the executor upon the ground of fraud. The answer admits mistakes and errors in the settlement, but denies fraud, and claims that had it been correctly made, the balance in’ favor of plaintiff would not have materially differed from the one found. The defendant also claims the protection of the approval of said final settlement by the Probate Court as a judgment, which cannot be…
2Cases cited2 opinions
- Picot v. BatesSupreme Court of Missouri · 1871
- Madden's Heirs v. Madden's AdministratorSupreme Court of Missouri · 1858
3Cited by24 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
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