Clarke v. Sinks
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. D. ,W. Shackleford, Judge. (1) Appellants insist that the circuit court could not take the administration of this estate out of the hands of the probate court where the Constitution and the law placed it. (2) There could be no judgment for plaintiff to recover property devised to her, against Clark’s executors, until they had collected the property or got the same in their possession.
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Appeal from Cole Circuit Court. — Hon. D. ,W. Shackleford, Judge. (1) Appellants insist that the circuit court could not take the administration of this estate out of the hands of the probate court where the Constitution and the law placed it. (2) There could be no judgment for plaintiff to recover property devised to her, against Clark’s executors, until they had collected the property or got the same in their possession. (3) The court erred in excluding evidence tending to show that no part of the expenses of the estate had been deducted from plaintiff’s share. She was not entitled to one…
1Opinion of the CourtWilliams, J.
Plaintiff, widow of J. M. Clarke, deceased, instituted this action in the circuit court of Cole county against his executors to recover certain bequests claimed to be due her under the will of' her deceased husband. The suit is against the executors personally, and not in their representative capacity. Plaintiff bases her action upon an alleged breach of duty by defendants in failing and refusing to pay parts of certain legacies given her in the will, notwithstanding funds were in their hands applicable to that purpose, and the proper time for payment had elapsed, and demand had been made…
2Cases cited5 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Myers v. MyersSupreme Court of Missouri · 1889
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- State ex rel. Kelley v. ThorntonSupreme Court of Missouri · 1874
- State ex rel. Fagan v. GrigsbySupreme Court of Missouri · 1887
3Cited by5 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Morrow ex rel. Gross v. MorrowMissouri Court of Appeals · 1905
- Kiernan v. RobertsonMissouri Court of Appeals · 1906
- Ansley v. RichardsonMissouri Court of Appeals · 1902
- Benson v. BensonMissouri Court of Appeals · 1902