Baker v. Lumpee
Missouri Court of Appeals
Appeal from Morgan Circuit Court — Hon. T. B. Robinson, J udge. (1) No notice given to the parties in interest that an order of distribution would be made and none of the parties in interest applied for such distribution. Parties interested must be notified before final order of distribution is made.
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Appeal from Morgan Circuit Court — Hon. T. B. Robinson, J udge. (1) No notice given to the parties in interest that an order of distribution would be made and none of the parties in interest applied for such distribution. Parties interested must be notified before final order of distribution is made. Sec. 243 and 244, R. S. 1899; Woemer on Administration, p. 1229. (2) An order of distribution is void as against distributees who were not legally notified before making said order as required by sections 243 and 244, Revised Statutes 1899. Lilly v. Henke, 126 Mo. 220. (3) The order or judgment…
1Opinion of the CourtBroaddus, J.
— At the May term, 1899, of the probate court of Morgan county, the defendant as the executor of the will of John Lumpee made final settlement of the estate of his testator at which time it was found that there was in his hands as such executor the sum of $2,780.80. The distributees were six in number of which the plaintiff was one. After approving the final settlement the court made an order of distribution to each on'e of said distributees for $463.34.
On the twenty-ninth day of December, 1899, on the application of the plaintiff, the said court issued an execution against the defendant…
2Cases cited1 opinion
- Lilly v. MenkeSupreme Court of Missouri · 1894
3Cited by3 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- State ex rel. Brouse v. BurnesMissouri Court of Appeals · 1908
- Scruggs v. ScruggsSupreme Court of Kansas · 1904