Price v. Haeberle
Missouri Court of Appeals
Appeal from the Greene County Circuit Court, W. F. Geig-er, Judge. The plaintiff may be allowed the fees accruing to him for services rendered in the lifetime of the intestate, but not after-wards. The demand must be in existence at the time of her death. His authority, as an attorney for Aletha J. Roberts, ceased at her death. Rev. Stat., 1879, sect. 192; Tusnan v. Tinkle, 4 Cent.
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Appeal from the Greene County Circuit Court, W. F. Geig-er, Judge. The plaintiff may be allowed the fees accruing to him for services rendered in the lifetime of the intestate, but not after-wards. The demand must be in existence at the time of her death. His authority, as an attorney for Aletha J. Roberts, ceased at her death. Rev. Stat., 1879, sect. 192; Tusnan v. Tinkle, 4 Cent. Law Journal, 263. Any service rendered by him after Mrs. Roberts’ death the estate is not liable for. It is a personal liability of the administrator. Lewis v. Kinealy, 2 Mo. App. 35. Under our law and practice,…
1Opinion of the CourtThompson, J.
The plaintiff presented for allowance, in the probate court of G-reene county, a claim against the estate of Aletha J. Roberts, deceased, in the hands of the defendant, as her administrator de bonis non, consisting of certain items claimed to be due for services rendered by the plaintiff, as an attorney at law, in prosecuting certain actions for the deceased. The probate court made an allowance, in favor of the plaintiff, for a part of the amount claimed by him, and from this allowance the administrator appealed to the circuit court. .In the circuit court the cause was tried anew, before a…
2Cases cited4 opinions
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Roberts v. NelsonSupreme Court of Missouri · 1885
- Foster v. McO'Blenis & MatthewsSupreme Court of Missouri · 1853
- Wynn v. CorySupreme Court of Missouri · 1871
3Cited by9 opinions
- Price v. Ford Motor Credit CompanyMissouri Court of Appeals · 1975
- In re the Estate of LevineAppellate Division of the Supreme Court of the State of New York · 1936
- McCall v. AtchleySupreme Court of Missouri · 1914
- In Re Agee's EstateUtah Supreme Court · 1927
- Rice v. McFarlandMissouri Court of Appeals · 1890
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