Legal Opinion

Estate of Busch v. Ferrell-Duncan Clinic, Inc.

Supreme Court of Missouri

Decided November 21, 1985No. 66696PublishedCited by 19 opinions

1Opinion of the Court

BILLINGS, Judge.

Appeal by a creditor from the denial of its claim against a decedent’s estate because it was barred by the nonclaim statute, § 473.360, RSMo 1978. The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a personal representative for decedent’s estate is publication notice in accordance with § 473.-033, RSMo 1978. We have jurisdiction because of the constitutional attack on the two statutes. Mo. Const, art. V, § 3. We affirm.

Plaintiff-creditor, Ferrell-Duncan Clinic, Inc., had provided medical services to Leo A.…

2Cases cited21 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Milliken v. MeyerSupreme Court of the United States · 1941
  3. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  4. Grannis v. OrdeanSupreme Court of the United States · 1914
  5. Schroeder v. City of New YorkSupreme Court of the United States · 1962

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  2. Missouri Highway & Transportation Commission v. MyersSupreme Court of Missouri · 1990
  3. Matter of Estate of WeidmanSupreme Court of Iowa · 1991
  4. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of Oklahoma · 1986
  5. Gibbs v. Estate of DolanAppellate Court of Illinois · 1986

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API