Legal Opinion

Flick v. Schenk

Supreme Court of Missouri

Decided May 19, 1908PublishedCited by 13 opinions

Transferred from St. Louis Court of Appeals. Applicant’s petition showed that he was entitled to letters of administration as asked and. was first so entitled: Because he was an heir and distributee; because there was no widow;' because all the other .heirs entitled to administer having recommended him, his was the sole right; because he had applied in due form of law within thirty days of the death of the former administrator; because he possessed all of the qualifications…

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Transferred from St. Louis Court of Appeals. Applicant’s petition showed that he was entitled to letters of administration as asked and. was first so entitled: Because he was an heir and distributee; because there was no widow;' because all the other .heirs entitled to administer having recommended him, his was the sole right; because he had applied in due form of law within thirty days of the death of the former administrator; because he possessed all of the qualifications required by law and did not come within any of the disabling conditions prescribed by statute. R. S. 1899, secs. 7 and…

1Opinion of the CourtGantt, J.

— This cause has been transferred to this court by tbe St. Louis Court of Appeals, on the ground that in tbe opinion of tbe judges of that court their opinion is in conflict with tbe opinion of tbe Kansas City Court of Appeals in Burge v. Burge, 94 Mo. App. 15.

In March, 1902, Sylvanus Flick died in Scotland *277county, the county of his residence. His widow, Mrs. Sarah Flick, administered on his estate, but died before making her first annual settlement. Thereupon Henry P. Flick, one of the sons of Sylvanus and Sarah Flick, made formal application’ to the probate court to be appointed…

2Cases cited5 opinions

  1. State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
  2. Burge v. BurgeMissouri Court of Appeals · 1902
  3. State ex rel. Adamson v. CollierMissouri Court of Appeals · 1895
  4. State ex rel. Mitchell v. GuinotteMissouri Court of Appeals · 1905
  5. State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906

3Cited by13 opinions

  1. Estate of SeabaughMissouri Court of Appeals · 1983
  2. State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
  3. Estate of Brinckwirth v. TrollSupreme Court of Missouri · 1916
  4. Crouse v. GreensfelderMissouri Court of Appeals · 1909
  5. State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933

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