In re Irwin's Estate
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. Levin W. Shafer, Judge. (1) It does not violate any rule of public policy for an administrator, after Ms appointment, to enter into a contract, based on a sufficient consideration, to reduce bis legal fees. Greer v. Nutt, 54. Mó. App. 4; May v. Moore, 99 Mo. App. 27; 11 Am. and Eng. Ency. of Law (2 Ed.), 1303; In re Mansfield, 80 Iowa 681; Koch’s Estate, 148 Pa.
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Appeal from Vernon Circuit Court. — Eon. Levin W. Shafer, Judge. (1) It does not violate any rule of public policy for an administrator, after Ms appointment, to enter into a contract, based on a sufficient consideration, to reduce bis legal fees. Greer v. Nutt, 54. Mó. App. 4; May v. Moore, 99 Mo. App. 27; 11 Am. and Eng. Ency. of Law (2 Ed.), 1303; In re Mansfield, 80 Iowa 681; Koch’s Estate, 148 Pa. St. 159; In re Turfler (Surrogate Ct.), 24 N. Y. Supp. 91; Newell v. West, 149 Mass. 520; Hubbell v. Olmstead, 36 Vt. 619; Littell v. Hackley, 126 Fed. Rep. 309; In re Hopkins, 32 Hun (N. Y.)…
1Opinion of the CourtBroaddus, P. J.
In May, 1903, James E. Irwin died intestate in Vernon county, possessed of an estate of thirty-five or forty thousand dollars. He was a widower and left no heirs residing in Missouri. He had an only son who resided in Colorado. By order of the probate court of .the county the respondent, Callaway, public administrator, took charge of the deceased’s estate and administered it in due course of law. After the expiration of two years he made a final settlement in the probate court, at which time there arose a controversy over the amount of commission to which he was entitled. The court allowed…
2Cases cited4 opinions
- Porter v. JonesSupreme Court of Missouri · 1873
- Horstman v. AdamsonMissouri Court of Appeals · 1903
- Springate ex rel. Nelson Distilling Co. v. Koppelman Furniture Co.Missouri Court of Appeals · 1892
- May v. MooreMissouri Court of Appeals · 1903
3Cited by2 opinions
- Nute v. FrySupreme Court of Missouri · 1939
- Callaway v. Title, Guaranty & Trust Co.Missouri Court of Appeals · 1908