Picot v. Bates
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The petition in this case, filed August 12, 1858, alleged that Ann T. Dillon died in 1837 leaving issue Ann E. (plaintiff’s testatrix), Martha, and Susan ; that P. M. Dillon, her husband, took out letters upon her estate; that as administrator he collected $2,768.49, in the year 1845, from the estate of John T. Nash; that at December term, 1845, he made a fraudulent settlement of said estate by crediting himself with $2,301.22.for a…
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Appeal from St. Louis Circuit Court. The petition in this case, filed August 12, 1858, alleged that Ann T. Dillon died in 1837 leaving issue Ann E. (plaintiff’s testatrix), Martha, and Susan ; that P. M. Dillon, her husband, took out letters upon her estate; that as administrator he collected $2,768.49, in the year 1845, from the estate of John T. Nash; that at December term, 1845, he made a fraudulent settlement of said estate by crediting himself with $2,301.22.for a demand due him by the estate of said John T. Nash, being the same item with which he had charged himself, and also with the…
1Opinion of the CourtHolmes, Judge
This was a petition in equity by the administrator of one of several distributees of the estate of their mother, not making the others parties, against the defendant as trustee in an absolute and express trust under the will of the deceased father, who had been administrator of the mother’s estate, to set aside an alleged settlement of the administrator’s account in the St. Louis Probate Court, on the ground of a false and fraudulent statement of the account, whereby the distrib-utees had been defrauded of their respective shares in the distributable surplus; and the defendant was charged as…
2Cases cited6 opinions
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Robinson v. KindNevada Supreme Court · 1896
- Anderson v. DyerMissouri Court of Appeals · 1970
- Foster v. PetreeSupreme Court of Missouri · 1941
- Picot v. BatesSupreme Court of Missouri · 1871
12 more not listed; retrieve them via the Exa API.