Estate of Williams
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The circuit court had no original jurisdiction of this proceeding. That jurisdiction is vested by statute exclusively in the probate court. R. S. 1889, art. 2, chap. 1; Dodson v. Scroggs, 47 Mo. 285; Cones v. Ward, 47 Mo. 289. Therefore, the circuit court could only acquire jurisdiction of the subject-matter by an appeal regularly taken from, and granted by, the probate court.
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Appeal from the Gentry Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The circuit court had no original jurisdiction of this proceeding. That jurisdiction is vested by statute exclusively in the probate court. R. S. 1889, art. 2, chap. 1; Dodson v. Scroggs, 47 Mo. 285; Cones v. Ward, 47 Mo. 289. Therefore, the circuit court could only acquire jurisdiction of the subject-matter by an appeal regularly taken from, and granted by, the probate court. Consent of parties can not confer jurisdiction in such case. Whitehead v. Cole, 49 Mo. App. '428; Green v. Castello, 35 Mo. App. 127; Robinson v.…
1Opinion of the CourtSmith, P. J.
This appeal presents but a single question for our decision, viz: whether, where both children and grandchildren survive an intestate, such grandchildren can be admitted to their deceased father’s distributive share, unless they bring in an advancement made to him by the intestate.
*346Our statute, section 4465, Revised Statutes, provides that when any person having title to' any real-estate of inheritance, or personal estate undisposed of, or otherwise limited by marriage settlement, shall die intestate as to such estate, it shall descend and be distributed in parcenary to his kindred, male and…
2Cases cited10 opinions
- McRae v. McRaeNew York Surrogate's Court · 1855
- Green v. CastelloMissouri Court of Appeals · 1889
- Distributees of Mitchell v. Mitchell's Adm'r.Supreme Court of Alabama · 1845
- Turpin v. TurpinSupreme Court of Missouri · 1885
- Barnum v. BarnumSupreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- State ex rel. Williams v. AnthonyMissouri Court of Appeals · 1896
- State of Missouri Ex Rel. v. DavisMissouri Court of Appeals · 1948
- Graves v. HyerMissouri Court of Appeals · 1981
- Wickliffe v. WickliffeMissouri Court of Appeals · 1920
9 more not listed; retrieve them via the Exa API.