Legal Opinion

Griesel v. Jones

Missouri Court of Appeals

Decided February 4, 1907PublishedCited by 11 opinions

Appeal from. Dade Circuit Court. — Hon. Levin W. Shafer, Judge. (1) Letters of administration issued in violation of law are void. The statute requires letters of administration to be granted, first, to the husband or wife; second, to those entitled to distributive shares of the estate.

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Appeal from. Dade Circuit Court. — Hon. Levin W. Shafer, Judge. (1) Letters of administration issued in violation of law are void. The statute requires letters of administration to be granted, first, to the husband or wife; second, to those entitled to distributive shares of the estate. If the persons named in the first and second classes do not appear within thirty days after the death of the deceased, and apply for letters, then the court is authorized and required to issue a citation to the persons entitled to administer and if such persons fail to administer, the court is authorized to…

1Opinion of the CourtJohnson, J.

Action brought by the administrator of the estate of Jesse Jones, deceased, to recover the value of certain personal property alleged to have been converted by defendant to his own use. A trial before a jury resulted in a judgment for plaintiff and defendant appealed.

Jesse Jones died intestate at the home of defendant, his son, in Dade county on January 24, 1890. He left a widow and a number of children and grandchildren, all of legal age. No administration of his estate was had, nor were letters applied for or issued until in 1903, when letters were issued to the present administrator by the…

2Cases cited17 opinions

  1. Johnson v. BeazleySupreme Court of Missouri · 1877
  2. Richardson v. ColeSupreme Court of Missouri · 1901
  3. Smith v. DennySupreme Court of Missouri · 1865
  4. Becraft v. LewisMissouri Court of Appeals · 1890
  5. Brawford v. WolfeSupreme Court of Missouri · 1890

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3Cited by11 opinions

  1. Estate of Kaimann v. KaimannSupreme Court of Missouri · 1950
  2. Odom v. LangstonSupreme Court of Missouri · 1943
  3. Michaelson v. WolfSupreme Court of Missouri · 1953
  4. Michaelson v. WolfSupreme Court of Missouri · 1953
  5. Green v. LoperSuperior Court of Delaware · 1949

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

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