Nelson v. Barnett
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. O. H. 8. Goodman, Judge. . By this equitable proceeding, plaintiff sought to set aside, on the ground of fraud, the final settlement of his mother Ann Barnett (formerly Nelson), as administratri? of the estate of his father, Robert C. Nelson, Sr., deceased.
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Appeal from Gentry Circuit Court. — Hon. O. H. 8. Goodman, Judge. . By this equitable proceeding, plaintiff sought to set aside, on the ground of fraud, the final settlement of his mother Ann Barnett (formerly Nelson), as administratri? of the estate of his father, Robert C. Nelson, Sr., deceased. It appeared at the hearing that an error had crept into the final settlement to the extent of $400, and this being admitted, the court in its decree corrected this error, by surcharging the defendant administratrix with that amount on account of the admitted error, and found the other issues for the…
1Opinion of the CourtSherwood, J.
— 1. The final settlement of an administrator stands as firmly on an impregnable basis of conclusiveness as does the judgment of any other court, and can not. be impeached, except on the ground of fraud in the very act of procuring the judgment, or as it is sometimes expressed, in the uconcoction1 ’ of the judgment. McClanahan v. West, 100 Mo. loc. cit. 320, and cases cited; Nichols v. Stevens, ante, p. 96. This has been the uniform ruling in respect of final settlements of probate courts in this state. Jones v. Brinker, 20 Mo. 87; State to use v. Rowland, 23 Mo. 95; Barton v. Barton, 35 Mo.…
2Cases cited25 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Gentry v. GentrySupreme Court of Missouri · 1894
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Howe v. MittelbergMissouri Court of Appeals · 1902
- State ex rel. Enterprise Milling Co. v. BrownSupreme Court of Missouri · 1907
- Gilliam v. HopkinsMissouri Court of Appeals · 1971
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Stark v. ColeMissouri Court of Appeals · 1963
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