Kingsbury v. Joseph
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. — Mon. Jolm A. Snider, Judge. (1) To say, that the appellants were not entitled to anything from the estate, seems absurd. The courts of this State recognize the propriety of an allowance against the estate, even where an executor might pay without allowance and receive credit for the expenditure on his settlement. So that the theory of a claim against the estate was the proper one for the appellants to have pursued.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. — Mon. Jolm A. Snider, Judge. (1) To say, that the appellants were not entitled to anything from the estate, seems absurd. The courts of this State recognize the propriety of an allowance against the estate, even where an executor might pay without allowance and receive credit for the expenditure on his settlement. So that the theory of a claim against the estate was the proper one for the appellants to have pursued. State ex rel, v. Walsh, 67 Mo. App. 348; State ex rel. v. Tittman, 103 Mo. 563. (2) The suit in the name of the assignee,…
1Opinion of the CourtBarclay, J.
The plaintiffs took this appeal from a judgment for defendant upon a claim for an allowance of *301$320 against the estate of Louis Kells, deceased, which estate is now in charge of the defendant, Mr. Joseph, as administrator with the will annexed.
The claim of the plaintiffs is for professional services as attorneys in prosecuting an action against a life insurance company on a policy for $5,000, issued to said Kells, which policy he had pledged to one Campbell as security for a loan of about $600 and interest. After the death of Kells, the company at first refused payment of the policy. The…
2Cases cited12 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Bryan v. WearSupreme Court of Missouri · 1835
- Walter v. FordSupreme Court of Missouri · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Hill v. DillonMissouri Court of Appeals · 1913
- Crow v. Estate of LutzMissouri Court of Appeals · 1914
- Adair Lumber Co. v. Atchison, T. & S. F. Ry. Co.District Court, W.D. Missouri · 1937
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914