Emmons v. Gordon
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There can he no accounting or final settlement by an administrator after his removal or resignation before the 'appointment and qualification of a lawful administrator as his successor. 2 Woerner’s Amer.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There can he no accounting or final settlement by an administrator after his removal or resignation before the 'appointment and qualification of a lawful administrator as his successor. 2 Woerner’s Amer. Law of Administration, sec. 536, p. 1183; Bible Society v. Oakley, 4 Dem. 450. (2) It is only when there is a duly appointed and' qualified administrator de bonis non who represents the creditors and others interested in the estate and as such is a party to such final settlement that the same has the effect of a judgment,…
1Opinion of the CourtBlack, C. J.
This was a proceeding commenced in the probate court of Audrain county, under section 48, Revised Statutes, 1889, to compel defendant Gordon as late executor of the will of J. J. West to account with the plaintiff administrator de lonis non. The probate court gave judgment for the defendant Gordon and the sureties on his bond, who had entered their appearance. On appeal, the circuit court gave a like judgment, and the plaintiff appealed to this court. The case has been argued in division one, and also in lane. A question made in the ease and as to which there is a division of opinion, is…
2Cases cited3 opinions
- Douglas v. OrrSupreme Court of Missouri · 1875
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- RoBards v. LambSupreme Court of Missouri · 1886
3Cited by4 opinions
- In re Estate of Glover & ShepleySupreme Court of Missouri · 1895
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- Rodewald v. RodewaldSupreme Court of Missouri · 1957
- State Ex Rel. Bearden v. American Surety Co.Missouri Court of Appeals · 1937