Cleveland Co-Operative Stove Co. v. Baldwin
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — No». Henry 0. Pepper, Judge. (1) It is the duty of the circuit court, on appeal from the probate court, to try the cause, de novo, and to render such judgment as should be rendered under the evidence. R. S. 1899, sec. 285; Perry v. McGowan, 68 Mo.
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Appeal from Lawrence Circuit Court. — No». Henry 0. Pepper, Judge. (1) It is the duty of the circuit court, on appeal from the probate court, to try the cause, de novo, and to render such judgment as should be rendered under the evidence. R. S. 1899, sec. 285; Perry v. McGowan, 68 Mo. App. 612. When it is made to appear, to the probate cóurt, that there is an insufficient amount of personal property, to satisfy the indebtedness of the estate, then the probate court has the power to make such orders affecting the real estate of the decedent, as wonld. best subserve the interest of the…
1Opinion of the CourtBland, P. J.
The proceeding originated in the probate court of Lawrence county, Missouri, by the filing of a petition therein, wherein plaintiff, an Ohio corporation, stated, in substance, that it is a creditor of the estate of W. W. Baldwin, deceased, of which estate Charles H. Baldwin is the Missouri Administrator ; that W. W. Baldwin was a resident of the State of Ohio at the time of his death (in the year 1900) ; that he died intestate and no sufficient assets were found in Ohio to pay the debts which were there probated against his estate. That at the time of his death, W. W. Baldwin *399was the owner in…
2Cases cited5 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Bealey v. Blake's AdministratorMissouri Court of Appeals · 1897
- Shouse v. KrusorMissouri Court of Appeals · 1887
- State v. WyattSupreme Court of Missouri · 1894
- Brent v. ChipleyMissouri Court of Appeals · 1904
3Cited by2 opinions
- Wacker-Helderle Undertaking & Livery Co. v. KinealyMissouri Court of Appeals · 1945
- Wacker-Helderle Undertaking & Livery Co. v. KinealyMissouri Court of Appeals · 1945