Byers v. Weeks
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. (1) The facts stated in the petition exclude all the contingencies under which an administrator de bonis non may be appointed, and, therefore such an administrator can not be appointed.
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Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. (1) The facts stated in the petition exclude all the contingencies under which an administrator de bonis non may be appointed, and, therefore such an administrator can not be appointed. R. S. 1899, sec. 46; Graystone v. Weddell, 63 Mo. 539. (2) The petition affirmatively showing that the administrator of the individual estate never brought the partnership estate into his administration, it follows that no bond for that purpose was even given by him as required by law. Plaintiffs therefore had no legal redress by suit upon such…
1Opinion of the CourtBroaddus, J.
The petition is in equity by the heirs at law of J. H. Byers, deceased, against defendant alleging that said deceased and defendant were partners during the lifetime of the former engaged in the mercantile business; that on the death of Byers an administrator was appointed who duly administered his estate, made final settlement, was discharged from his trust as such, and the debts of the intestate were paid; that said administrator was prevented from taking charge of the partnership estate by the representations *75of defendant that the partnership had been dissolved previous to the death of…
2Cases cited6 opinions
- Smith v. DennySupreme Court of Missouri · 1865
- Grayson v. WeddleSupreme Court of Missouri · 1876
- Howell v. JumpSupreme Court of Missouri · 1897
- Rogers v. JohnsonSupreme Court of Missouri · 1894
- McMillan v. WackerMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Love v. WhiteSupreme Court of Missouri · 1941
- Ratermann v. Ratermann Realty & Investment Co.Missouri Court of Appeals · 1960
- McCullough v. W. H. Powell Lumber Co.Missouri Court of Appeals · 1919
- Bostian v. MilensMissouri Court of Appeals · 1946
- Pryor v. KoppSupreme Court of Missouri · 1938
3 more not listed; retrieve them via the Exa API.