Legal Opinion

Frye v. Kimball

Supreme Court of Missouri

Decided March 15, 1852PublishedCited by 4 opinions

Appeal from St. Louis Circuit Court. This was ejectment, in tbe St. Louis Circuit Court, against Kimball, tenant of tbe Lindells, for a piece of ground lying in tbe city of St. Louis. It was tried at tbe November term, 1847, and there was a verdict and judgment in favor of tbe-defendant.

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Appeal from St. Louis Circuit Court. This was ejectment, in tbe St. Louis Circuit Court, against Kimball, tenant of tbe Lindells, for a piece of ground lying in tbe city of St. Louis. It was tried at tbe November term, 1847, and there was a verdict and judgment in favor of tbe-defendant. On tbe lOtb of August, 1824, letters of administration were issued by Silas Bent, clerk of tbe St. Louis County Court, to Elizabeth Hinderlong, on the estate of Jacob Frye, alias Hinderlong, late of said county, wbicb were duly recorded on the same day-, she having given bond, with J. Spalding and Frederick…

1Opinion of the CourtRylaND, Judge

From the preceding statement, it will be seen that in this cause, the main question depends upon the construction of the act concerning executors andadministrators, passed by the legislature of Missouri, and approved February 21st, 1825, which was to take effect from and after the fourth day of July, 1825.

The third section of this act declares, ££ that no person shall act as executor or administrator, unless he be twenty-one years of age, and upwards, and of sound mind; nor shall *20any married woman act as executrix or administratrix; nor shall the executor of an executor, in consequence…

2Cited by4 opinions

  1. Farrar v. DeanSupreme Court of Missouri · 1856
  2. Overton v. JohnsonSupreme Court of Missouri · 1853
  3. Carr v. SpannagelMissouri Court of Appeals · 1877
  4. Strouse v. DrennanSupreme Court of Missouri · 1867

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