Estate of Brinckwirth v. Troll
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Irvin B. Barth, ■ Judge. (1) An order of the probate court is not necessary for the public administrator to take charge of an estate. When he files his notice his act is independent of the probate court. The filing of notice' in the office of the clerk of the probate court is sufficient to vest him with administration and he is not required to set out or prove facts which give him a right to administer.
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Appeal from St. Louis City Circuit Court. — Hon. Irvin B. Barth, ■ Judge. (1) An order of the probate court is not necessary for the public administrator to take charge of an estate. When he files his notice his act is independent of the probate court. The filing of notice' in the office of the clerk of the probate court is sufficient to vest him with administration and he is not required to set out or prove facts which give him a right to administer. His relation to the estate thereafter is the same* as if' he had taken charge under order of the probate court. Vermillion v. LeClare, 89 Mo.…
1Opinion of the CourtWoodson, J.
The statement of the facts of this ease is very brief and as well or better made by counsel for respondent than I can do, and for that reason I adopt it as my statement of the case, which is as follows:
This is an appeal from the judgment of the circuit court of the city of St. Louis, approving the action of the probate court of said city in vacating the authority of Harry Troll, then Public Administrator, and thereupon appointing John G. Grone and Henry Griesedieck, Jr., administrators, with the will annexed, of the estate of Josephine Brinckwirth, deceased.
■ Josephine Brinckwirth died March…
2Cases cited12 opinions
- Griffith v. FrazierSupreme Court of the United States · 1814
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Richardson v. BuschSupreme Court of Missouri · 1906
- Thomas v. MorrisettSupreme Court of Georgia · 1886
- Leeper v. TaylorSupreme Court of Missouri · 1892
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3Cited by4 opinions
- Johnson v. BrewnSupreme Court of Missouri · 1919
- Gaucher v. Estate of CampSupreme Court of Connecticut · 1974
- Bloomer v. CappsMissouri Court of Appeals · 1975
- Estate of Croom v. BaileyMissouri Court of Appeals · 2003