Pullis v. Pullis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Wm. Zachritz, Judge. (1) No administrator de bonis non is necessary. The object of administration is chiefly to take charge of the property to keep until all the debts of the estate are paid; when that is done what is left belongs to the heirs or legatees. The estates mentioned in the petition have all been finally settled excepting the shares of stock described. This being the case, these heirs can sue.
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Appeal from St. Louis City Circuit Court. — Eon. Wm. Zachritz, Judge. (1) No administrator de bonis non is necessary. The object of administration is chiefly to take charge of the property to keep until all the debts of the estate are paid; when that is done what is left belongs to the heirs or legatees. The estates mentioned in the petition have all been finally settled excepting the shares of stock described. This being the case, these heirs can sue. Baldwin v. Davidson, 139 Mo. 118; Murphy v. Menard,. 14 Tex. 62. Indeed, it is doubtful if our statute (sec. 46, R. S. 1899), gives the court…
1Opinion of the CourtBrace, P. J.
This is an appeal from a judgment of the St. Louis City Circuit Court sustaining demurrers to the plaintiffs’ amended petition, filed February 16, 1901, and which, omitting caption, is as follows:
■ “Plaintiffs by their amended petition, leave of court first had and obtained, for their cause of action state, that the ‘Oak Hill Cemetery Association’ is now and was at the time hereinafter stated a stock corporation duly incorporated under the laws of the State of Missouri, having its chief office or place of business in the said city of St. Louis; that the defendants, Merrit H. Marshall, Sr.,…
2Cited by3 opinions
- Odom v. LangstonSupreme Court of Missouri · 1943
- State ex rel. Dockery v. HubbardMissouri Court of Appeals · 1918
- Toler v. JuddSupreme Court of Missouri · 1914