Patee v. Mowry
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. I. Upon a settlement where the court finds that the personalty is insufficient to pay the indebtedness proven against the estate, no order of notice to the heirs is necessary to make a valid order of sale. (Administration Act, Art. Ill, § 47; Wagn.
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Appeal from Nodaway Circuit Court. I. Upon a settlement where the court finds that the personalty is insufficient to pay the indebtedness proven against the estate, no order of notice to the heirs is necessary to make a valid order of sale. (Administration Act, Art. Ill, § 47; Wagn. Stat., 100.; Valle vs. Fleming’s Heirs, 19 Mo., 454.) II After .an order of sale made upon petition and order of notice duly given, no further notice is necessary to make valid an order of sale of additional lands, where the land sold proves insufficient to. pay the debts mentioned in the administrator’s petition.…
1Opinion of the CourtWagner, Judge
The plaintiffs, who are the heirs - of Elijah C. Patee, deceased, brought their action to recover the land described in the petition, which belonged to their ancestor in his life-time. The defendants derived their title from a sale made by Pa-tee’s administrator.
The material facts on which the decision must rest, are as follows: Prior to the 26th day of April, 1867, the administrator had filed inventories of the personal and real property belonging to the estate, and debts to a large amount had been proved up. On that day he filed his petition for the sale of the real estate inventoried, all…
2Cited by3 opinions
- Hutchinson v. ShelleySupreme Court of Missouri · 1896
- Day v. GrahamSupreme Court of Missouri · 1888
- Teverbaugh v. HawkinsSupreme Court of Missouri · 1884