State ex rel. Abercrombie v. Holtcamp
Supreme Court of Missouri
Appeal from St.' Louis City Circuit Court.— Hon. George H. Shields, Judge. (1) The circuit court was without jurisdiction to entertain mandamus because the action of the probate court was the exercise by it of a judicial function. 4 Words and Phrases, p. 3850; State ex rel. v. County Court, 227 Mo. 460; State ex rel. v. Guinotte, 113 Mo.
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Appeal from St.' Louis City Circuit Court.— Hon. George H. Shields, Judge. (1) The circuit court was without jurisdiction to entertain mandamus because the action of the probate court was the exercise by it of a judicial function. 4 Words and Phrases, p. 3850; State ex rel. v. County Court, 227 Mo. 460; State ex rel. v. Guinotte, 113 Mo. App. 319; 1 Bouvier, 884. (2) An executor appointed under a will need not accept such appointment, but may renounce or resign his appointment at any time prior to intermeddling with the affairs of the estate or doing any act which amounts to an acceptance of…
1Opinion of the CourtRevelle, J.
This is an appeal from a judgment of the circuit court of the city of St. Louis granting a peremptory writ of mandamus, commanding the probate judge of that city to permit relator to qualify as executor under the will of Martin Stanford Robison, deceased, and to revoke the appointment theretofore made of Edward A. Steininger as administrator with will annexed.
The material facts are as follows:
On March 24, 1911, Martin Stanford Robison, a citizen of the city of Cleveland, Ohio, died, leaving a will, in which Mrs. Sarah C. II. Robison, Mrs. Helene H. R. Britton and relator were named executors.…
2Cases cited16 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- Stocksdale v. ConawayCourt of Appeals of Maryland · 1859
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3Cited by15 opinions
- Grattan v. PihlbladSupreme Court of Kansas · 1942
- Estate of SeabaughMissouri Court of Appeals · 1983
- State Ex Rel. Wilkinson v. EdwardsSupreme Court of Missouri · 1924
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
10 more not listed; retrieve them via the Exa API.