State ex rel. Wolff v. Berning
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The case is reported in 6 Mo. App. 185. Louis ’Wolff died leaving a will, by which he devised the residue of his estate, after the payment of specified legacies, to his widow, Dorothea.
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Appeal from St. Louis Court of Appeals. The case is reported in 6 Mo. App. 185. Louis ’Wolff died leaving a will, by which he devised the residue of his estate, after the payment of specified legacies, to his widow, Dorothea. On the 25th of July, 1872, Christian Staehlin qualified as executor, giving a bond in the sum of $60,000, with Henry B. Berning and others as sureties, and immediately took into his possession assets of the estate to the value of $45,993.89. On the 27th of September, 1873, by order of the probate court, and upon the petition of the residuary legatee, he gave a new bond,…
1Opinion of the CourtSherwood, C. J.
Action on the first bond of the executor, Berning, the defendant, being one of the sureties therein. On application of relator at a period subsequent to the execution of the first bond, and under the provisions of section 36,1 "Wagner’s Statutes, 75, a second bond was given, defendant not being one of the obligors. The provisions of the statute in such cases are that: “ Such additional bond, when given and approved, shall discharge the former securities from any liability arising from any misconduct of the principal, after filing the same, and such former securities shall only be liable for…
2Cases cited15 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Williams v. WallSupreme Court of Missouri · 1875
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Stagg v. GreenSupreme Court of Missouri · 1871
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3Cited by39 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- In Re Alexander's EstateSupreme Court of Missouri · 1962
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
- Richardson v. PalmerMissouri Court of Appeals · 1887
- Dugger v. WrightSupreme Court of Arkansas · 1888
34 more not listed; retrieve them via the Exa API.