Smith v. Young
Missouri Court of Appeals
Appeal from Lincoln Circuit Court.—Hon. James D. Barnett, Judge. (1) The court erred in not ordering the removal of defendant from the curatorship of the estate. Mismanagement of the estate of the father of which defendant was administrator can be shown in connection with similar mismanagement of the estate of the child of which he is curator.
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Appeal from Lincoln Circuit Court.—Hon. James D. Barnett, Judge. (1) The court erred in not ordering the removal of defendant from the curatorship of the estate. Mismanagement of the estate of the father of which defendant was administrator can be shown in connection with similar mismanagement of the estate of the child of which he is curator. In re Wood, 71 Mo. 623. (2) Probate courts are of statutory creation and administrators and curators have no powers except those conferred by statute. Sec. 4067, R. S. 1909; Elliotts’ Estate v. Wilson, 27 Mo. App. 218. (3) Defendant should have followed…
1Opinion of the CourtAllen, J.
This is an appeal from the judgment of the circuit court of Lincoln county, in a proceeding instituted for the purpose of removing the respondent as curator of the estate of one Etta Louise Jackson, a minor under the age of fourteen years. The proceeding was begun in the probate court of said county by the appellant, the grandfather of said minor, and who, it seems, had adopted her. In his petition filed herein, the appellant made affidavit that the judge of said probate court was a material witness, and for *486this reason the cause was certified to the circuit court in accordance with the…
2Cases cited3 opinions
- King v. KingMissouri Court of Appeals · 1898
- In re the Final Settlement of WoodSupreme Court of Missouri · 1880
- State ex rel. Howell County v. FindleySupreme Court of Missouri · 1890