Woodworth v. Woodworth
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. J. R. Woodside, Judge. This was a suit brought by Seth B. Woodworth and Mary C. Chapin, (formerly Woodworth,) as heirs at law of Stephen R. Woodworth, deceased, against Ellen Wood-worth, D. E. Durham and Wm. Monks. The suit was brought against Ellen Woodworth as executrix of Seth P. Woodworth, and against Durham and Monks as sureties in a bond given by Setb P. Woodworth in his life time as executor of said Stephen R. Woodworth.
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Appeal from Howell Circuit Court. — Hon. J. R. Woodside, Judge. This was a suit brought by Seth B. Woodworth and Mary C. Chapin, (formerly Woodworth,) as heirs at law of Stephen R. Woodworth, deceased, against Ellen Wood-worth, D. E. Durham and Wm. Monks. The suit was brought against Ellen Woodworth as executrix of Seth P. Woodworth, and against Durham and Monks as sureties in a bond given by Setb P. Woodworth in his life time as executor of said Stephen R. Woodworth. It appeared at the trial that Stephen R. Woodworth died in Plowed county-in January, 1867, leaving a last will and testament,…
1Opinion of the Court
Sherwood, C. J. —
1. administration: party. The suit on the bond of an executor or administrator can only be maintained in the name of the State to the use of the party aggrieved, the bond being given to the State as obligee, and the State being the trustee of an express trust. State v. Moore, 19 Mo. 369; 1 Wag. Stat., p. 118, § 9.
2. conclusiveness of final settlement. The final settlement of the estate of Stephen A. Woodworth, made by Ellen Woodworth, as administratrix with the will annexed, had the force and effect of a judgment and precludes any action on the bond of the former executor of…
2Cases cited6 opinions
- State ex rel. Russell v. MooreSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Picot v. BatesSupreme Court of Missouri · 1871
- Oldham v. TrimbleSupreme Court of Missouri · 1851
- Barton v. BartonSupreme Court of Missouri · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- York v. City of EvertonMissouri Court of Appeals · 1906
- State ex rel. Gray v. CarrollMissouri Court of Appeals · 1903
- State ex rel. Shipman v. ShipmanMissouri Court of Appeals · 1901