Legal Opinion

Butler v. Lawson

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 47 opinions

Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. This action was brought by Butler and Henry as administrator's of the estates of Mary Tillett, John M. Hall and Nathan Hall, all deceased, against James J. Lawson, administrator of the estate of Spence H. Gregory, deceased, Mildred L. Lawson and her husband, James J. Lawson, Emma Jennings and her husband, James T. Jennings, Robert Gudgel, Spence Gudgel, Julian Gudgel and Elizabeth Gregory, widow of Spence II.

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Appeal from Linn Circuit Court. — Hon. G. D. Burgess, Judge. This action was brought by Butler and Henry as administrator's of the estates of Mary Tillett, John M. Hall and Nathan Hall, all deceased, against James J. Lawson, administrator of the estate of Spence H. Gregory, deceased, Mildred L. Lawson and her husband, James J. Lawson, Emma Jennings and her husband, James T. Jennings, Robert Gudgel, Spence Gudgel, Julian Gudgel and Elizabeth Gregory, widow of Spence II. Gregory, deceased. The petition stated that Jehu Hall departed this life iiztestate, in the county of Currituck, and state of…

1Opinion of the Court

I

Sherwood, C. J.

There was no necessity for a motion for a rehearing of the grounds upon which the court dis*245missed the petition. O’Connor v. Koch, 56 Mo. 261, and cases cited.

II

We have no doubt, either, as to the point concerning jurisdiction. This question has been recently discussed in this court, and the conclusion reached that though in the ordinary routine of administration the probate court has original and exclusive jurisdiction, yet that such jurisdiction does not extend over matters of purely equitable cognizance. The allegations of the petition, in this instance, show very…

2Cases cited13 opinions

  1. Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
  2. Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
  3. State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
  4. Horstkotte v. MenierSupreme Court of Missouri · 1872
  5. O'Connor v. KochSupreme Court of Missouri · 1874

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

3Cited by47 opinions

  1. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
  2. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  3. Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
  4. Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
  5. McKee v. DowningSupreme Court of Missouri · 1909

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

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