Legal Opinion

Kenrick v. Cole

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 3 opinions

Error to Second District Court. I. The County Court of Washington county had exclusive, original jurisdiction of the matter of probating this will. (Gen. Stat. 1865, ch. 13T, § 7.) It was therefore competent to render any judgment in the premises. That court had power to render just such a judgment as it did. (Jackson v. Jackson, 4 Mo. 210.) II. An appeal, as here taken, will not lie from the judgment of the County Court admitting a will to probate or rejecting it.

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Error to Second District Court. I. The County Court of Washington county had exclusive, original jurisdiction of the matter of probating this will. (Gen. Stat. 1865, ch. 13T, § 7.) It was therefore competent to render any judgment in the premises. That court had power to render just such a judgment as it did. (Jackson v. Jackson, 4 Mo. 210.) II. An appeal, as here taken, will not lie from the judgment of the County Court admitting a will to probate or rejecting it. (In the matter of Milton Duty’s Estate, 27 Mo. 43.) III. The County Court made no order of distribution. IV. If the defendant in…

1Opinion of the CourtBliss, Judge

This cause came into the Circuit Court by appeal from the following order of the County Court of Washington county, made at its August term, 1868, to-wit:

“ In the matter of the probate of the last will and testament of Maria L. Lamarque, deceased. At a term of this court held on the fourth day of the August term, 1868, the paper purporting to be the last will and testament of Maria L.' Lamarque, deceased, *88being by George B. Cole, the acting executor, offered for probate, and Louis Bolduc and other heirs at law and next of Icin to said deceased, appearing in opposition to the same and to the…

2Cases cited6 opinions

  1. Snoddy v. County of PettisSupreme Court of Missouri · 1870
  2. Baker v. SchoenemanSupreme Court of Missouri · 1867
  3. Dyer v. Carr'sSupreme Court of Missouri · 1853
  4. In re Duty's EstateSupreme Court of Missouri · 1858
  5. Wilson v. Brown's AdministratorSupreme Court of Missouri · 1855

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Watson v. AldersonSupreme Court of Missouri · 1898
  2. McVey v. McVeySupreme Court of Missouri · 1873
  3. First Baptist Church v. RobbersonSupreme Court of Missouri · 1879

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