Yeakle v. Priest
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The appellant was wholly without authority to make the promise sought to be established. His promise, though made as administrator, did not bind the estate, or afford a basis for the judgment rendered in this case, to be satisfied de bonis testatoris instead of de bonis propriis.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The appellant was wholly without authority to make the promise sought to be established. His promise, though made as administrator, did not bind the estate, or afford a basis for the judgment rendered in this case, to be satisfied de bonis testatoris instead of de bonis propriis. Wait v. Halt, 58 N. H. 467; Austin v. Monroe, 47 N. Y. 360; Platt v. Platt, 105 N. Y. 488, 501; Sumner v. Williams, 8 Mass. 162; Wilton v. Eaton, 127 Mass. 174; Burke v. Terry, 28 Conn. 414.
1Opinion of the CourtBond, J.
Plaintiff sues the administrator of the estate of Isaac Walker, deceased, upon an alleged *48promise by such administrator to pay for certain services of the plaintiff as an accountant in making “separate accounts for said estate, and for each of the heirs.” The value of the services is alleged to be $500, and an account thereof against defendant as administrator is filed as an exhibit to the petition. The answer was a general denial, and a plea of the statute of limitations.
On the trial there was evidence tending to show that the services sued for were rendered by plaintiff as alleged in the…
2Cases cited10 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Nichols v. ReyburnMissouri Court of Appeals · 1893
- Rich v. SowlesSupreme Court of Vermont · 1892
- Kingman v. SouleMassachusetts Supreme Judicial Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Silsby v. WickershamMissouri Court of Appeals · 1913
- Boatmen's National Bank v. BollesSupreme Court of Missouri · 1947
- Crow v. Estate of LutzMissouri Court of Appeals · 1914
- Koken Iron Works v. KinealyMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.