Lenox v. Harrison
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. C. C. Bland, Judge. (1) It was error to refuse to strike out the portion of the answer in which it was averred that the administrator had charged himself with nine hundred dollars interest in his final settlement by mistake. The administrator should not be allowed to deny his own solemn acts in this way. Defendants further plead the approval of the final'settlement. Their pleas must be • consistent.
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Appeal from Phelps Circuit Court. — Hon. C. C. Bland, Judge. (1) It was error to refuse to strike out the portion of the answer in which it was averred that the administrator had charged himself with nine hundred dollars interest in his final settlement by mistake. The administrator should not be allowed to deny his own solemn acts in this way. Defendants further plead the approval of the final'settlement. Their pleas must be • consistent. R. S., sec. 3523. The part of the answer setting up that the administrator was entitled to certain credits on his final settlement, on account of worthless…
1Opinion of the CourtSherwood, J.
This is a proceeding in equity to set aside and annul on the ground of fraud the final settlement of the estate of Wilson Lenox, deceased, made by Thomas C. Harrison, the administrator. Harrison died in 1880, and this proceeding was instituted in 1881. The alleged final settlement occurred in 1874. Upon the hearing of the cause the circuit court found that there was no equity in the plaintiffs’ petition, and accordingly dismissed the same.
I. The plaintiffs allege in their petition that Harrison, the administrator, “fraudulently failed and refused to publish a notice to the creditors and…
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