In re Estate of Branch
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. (1) Tbe final settlement of a dead man’s estate in tbe probate court is analogous to a proceeding to take an account before a master in chancery. Tbe mode of procedure is essentially equitable in all its aspects and tbe questions presented must be reviewed by this court as chancellors. In re Meeker’s Estate, 45 M'o. App. 194; In re Tucker’s Estate, 74 Mo. App. 331; In re Scholer’s Estate, 73 Mo.
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Appeal from Lafayette Circuit Court. — Eon. Samuel Davis, Judge. (1) Tbe final settlement of a dead man’s estate in tbe probate court is analogous to a proceeding to take an account before a master in chancery. Tbe mode of procedure is essentially equitable in all its aspects and tbe questions presented must be reviewed by this court as chancellors. In re Meeker’s Estate, 45 M'o. App. 194; In re Tucker’s Estate, 74 Mo. App. 331; In re Scholer’s Estate, 73 Mo. App. 301; Ferry v. McGowan, 68 Mo. App. 612; Clark v. Bettelheim, 144 Mo. 258. (2) The clause in the will directing a sale of the land,…
1Opinion of the Court
JOHNSON, J
This proceeding originated in the probate court of Lafayette county on objections filed by two of the heirs of Henry C. Branch, deceased, to the final settlement made by the executrix of the estate. The three objections with which we now are concerned were found against objecjtors in the probate court and a similar conclusion was reached in the circuit court, to which the objectors appealed. Judgment was entered approving the settlement and taxing the costs of the proceeding in the circuit court against the objectors. Prom this judgment the present appeal is prosecuted.
Henry C.…
2Cases cited14 opinions
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- In re CorringtonIllinois Supreme Court · 1888
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
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3Cited by4 opinions
- Earney v. ClayMissouri Court of Appeals · 1974
- Estate of Largue v. RamseyMissouri Court of Appeals · 1918
- Trigg v. HerndonMissouri Court of Appeals · 1984
- Estate of Mings v. MingsMissouri Court of Appeals · 1999