In re the Estate of Berger
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1’) The jurisdiction of probate courts to grant and revoke letters testamentary and letters of administration is exclusive. Art. 6, Constitution of Missouri, sec. 84; R. S. 1899, sec. 1753. (2) The trial in the circuit court on appeal from the probate court is a trial anew of the whole case and the court is invested with power to review every item. In re Boothe’s Estate, 38 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1’) The jurisdiction of probate courts to grant and revoke letters testamentary and letters of administration is exclusive. Art. 6, Constitution of Missouri, sec. 84; R. S. 1899, sec. 1753. (2) The trial in the circuit court on appeal from the probate court is a trial anew of the whole case and the court is invested with power to review every item. In re Boothe’s Estate, 38 Mo. App. 456; In re Meeker’s Estate, 45 Mo. .App. 195; In re Danforth’s Estate, 66 Mo. App. 586; In re Ansley’s Estate, 95 Mo. App. 332;…
1Opinion of the CourtNixon, P. J.
This is a controversy between Bernard Greensfelder, administrator, pendente lite, of the estate of Henry Berger, deceased, and Harry Troll, public administrator of the city of St. Louis, lately in charge of said estate, arising upon exceptions by the administrator, pendente lite, (appellant) to the settlement of the public administrator in the probate court of the city of St. Louis.
Henry Berger died at the Jewish Hospital in St. Louis on August 11, 1908, leaving an estate amounting to $15,379.40, consisting (1) of a certificate of deposit in the National Bank of Commerce for $5200, which was…
2Cases cited2 opinions
- Estate of Boothe v. ReedsMissouri Court of Appeals · 1889
- Browning v. RichardsonSupreme Court of Missouri · 1905
3Cited by3 opinions
- Mansur v. MorrisSupreme Court of Missouri · 1946
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Drach v. LeckenbySupreme Court of Colorado · 1918