Myers v. Myers
Supreme Court of Missouri
Appeal from Scotland Circuit Court— Hon. B. E. Turnee, Judge. (Í) An administrator must use that measure of oare, diligence and caution in the management, collection and protection of the estate that a prudent and careful business man would use in the care and management of his own business. If he neglect so to do and the estate is injured thereby he is chargeable with the amount lost.
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Appeal from Scotland Circuit Court— Hon. B. E. Turnee, Judge. (Í) An administrator must use that measure of oare, diligence and caution in the management, collection and protection of the estate that a prudent and careful business man would use in the care and management of his own business. If he neglect so to do and the estate is injured thereby he is chargeable with the amount lost. Merrit r>. Merrit, 62 Mo. 157 ; Julian v. Abbott, 73 Mo. 580; 6k 8. 1865, p. 507, secs. 17, 18, 19; Gamble v. Gibson, 59 Mo. 585. The administrators should have charged themselves with the amount of the note on…
1Opinion of the CourtBlack, J.
— William A. and James T. Myers were appointed administrators of the estate of Michael Myers, their father, in 1858. They, as such administrators, made six annual settlements, and in 1865, filed their seventh and final settlement. This final settlement was continued by the county court to the next term. The settlement was duly recorded by the clerk ; and in his docket, and opposite this estate and under the words “how disposed of,” is written by the clerk, “ settled.” The records of the county court, however, do not show any order of the court approving this settlement. James T. Myers, who…
2Cases cited6 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- State ex rel. Koch v. RoeperSupreme Court of Missouri · 1884
- West v. West's AdministratorSupreme Court of Missouri · 1881
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3Cited by20 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Tipton v. RennerSupreme Court of Missouri · 1891
- Perkins v. SilvermanSupreme Court of Missouri · 1920
- Forbs v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1904
- Clark v. BettelheimSupreme Court of Missouri · 1898
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