In re Estate of Elliott
Supreme Court of Missouri
Certified from the Kansas City Court of Appeals. (1) Under the statute of Missouri, advancements can "be brought into the hotchpot in partition only, whether in realty or personalty ; and the probate court, in ordering the distribution of the estate in the hands of the administrator cannot consider such advancements. R. S. 1879, sec. 2166; Stewartv.
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Certified from the Kansas City Court of Appeals. (1) Under the statute of Missouri, advancements can "be brought into the hotchpot in partition only, whether in realty or personalty ; and the probate court, in ordering the distribution of the estate in the hands of the administrator cannot consider such advancements. R. S. 1879, sec. 2166; Stewartv. Pattison, 8 Gill (Md.) 46; Hayden v. Burch, 9 Gill (Md.) 79 ; Lawrence v. Ray-nor Bushee, N. C. Law, 113; Jones v. Jones, 2 Murphey (N. C. Law) 150 ; Smith v. Hoy, 3 T. B. Mon. 93 ; Quinn v. StocMon, 2 Litt. 348 ; Stone v. Hailey, 1 Dana, 197. (2)…
1Opinion of the CourtBlack, J.
— Henry Elliot died intestate,' leaving a widow and two children, namely, Mary, the wife of John A. Wilson, and Albert Elliot. At the final settlement of the estate, there was in the hands of the administrator the sum of $1,794.25. Other sums had been paid by him to the widow and children during the course of the administration. During the lifetime of the deceased, he conveyed to his daughter Mary three hundred and twenty-five acres of land, and the deed contains a recital to the eifect that she is to be charged therefor, as an advancement, with the sum of $11,200. The deceased advanced her…
2Cases cited8 opinions
- Pearce v. CalhounSupreme Court of Missouri · 1875
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Ray v. LoperSupreme Court of Missouri · 1877
- Jackson v. JacksonMississippi Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Bramell v. ColeSupreme Court of Missouri · 1896
- State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
- Pearson v. HaydelMissouri Court of Appeals · 1901
- Johnson v. JohnsonMissouri Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.