Legal Opinion

Cabanne v. Skinker

Supreme Court of Missouri

Decided March 15, 1874PublishedCited by 17 opinions

Error to St. Louis Circuit Court. I. If an executor or administrator receive assets from abroad, lie and his sureties are liable for the same.

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Error to St. Louis Circuit Court. I. If an executor or administrator receive assets from abroad, lie and his sureties are liable for the same. (Pipkin vs. Casey, 13 Mo., 349; Pratt vs. Nortbam, 5 Mass., 95 ; Shultz vs. Pulver, 3 Paige Ch., 182; S. C. on appeal affirmed, 11 Wend., 361; Lyman vs. Parsons, 20 N. Y., 103 ; Collins vs. Bankhead, 1 Strob., 25 ; Judge Probate ’ vs. Heydoek, 8 N. H., 491; Dowdall’s case, 6 Coke., 48; Williams vs. Storrs, 6 Jurist Ch.. 363 ; Doolittle vs. Lewis, 7 Jurist Oh., 45; Sto. Conf. L., § 518 ; Treeothick vs. Austin, 4 Mass., 33; Yroom vs. Yan Horne, 10 Paige…

1Opinion of the CourtSherwood, Judge

This was a proceeding in the nature of a bill in chancery to set aside, as fraudulently made, the annual settlements and the final settlement of the estate of John P. Cabanne, deceased— Edward P. Tesson being executor of the last will of the decedent —for taking an account of the sums of money received by Tesson during the course of his administration, and for judgment in favor of plaintiffs, who claim as residuary devisees and legatees of Cabanne, against said executor and the sureties on his bond. The petition is as follows:

Petitioners state, that John P. Cabanne, the brother of the…

2Cases cited3 opinions

  1. McCormick v. SullivantSupreme Court of the United States · 1825
  2. Keer v. Devises of MoonSupreme Court of the United States · 1824
  3. Lucas v. TuckerIndiana Supreme Court · 1861

3Cited by17 opinions

  1. McPike v. McPikeSupreme Court of Missouri · 1892
  2. Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
  3. Hines v. HinesSupreme Court of Missouri · 1912
  4. Keith v. KeithSupreme Court of Missouri · 1888
  5. Stevens v. LarwillMissouri Court of Appeals · 1904

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