State Ex Rel. State Social Security Commission v. Estate of Butler

This action originated as a claim by the State Social Security Commission [769] against the estate of Lucinda Butler to recover old age assistance grants in the sum of $710.00 alleged to have been obtained by fraud and deceit on the part of the recipient. The cause was certified by the Kansas City Court of Appeals. State ex rel. v. Butler's Estate, 175 S.W.2d 55. The consequence of the certification is that we are under a duty to consider the cause as an original appeal. Const. Mo., Art. 6, Amend. 1884, Sec. 6.

The Commission contended in the Court of Appeals, as it does here, that the trial…