Estate Pound v. Cassity
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Jno. P. Butter, Judge. (1) Tbe distributees, James S. and John M. Pound, assignees of widow, neither gave nor offered to give any refunding bond under section 239, R. S. 1899.-(2) Until final settlement in this ca^e, and the time for allowing claims has expired and all charges and demands have been settled and the only remaining duty of the executor is to pay out on final distribution, ean the executor be forced to distribute funds of…
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butter, Judge. (1) Tbe distributees, James S. and John M. Pound, assignees of widow, neither gave nor offered to give any refunding bond under section 239, R. S. 1899.-(2) Until final settlement in this ca^e, and the time for allowing claims has expired and all charges and demands have been settled and the only remaining duty of the executor is to pay out on final distribution, ean the executor be forced to distribute funds of the estate excepting where refunding bond is tendered under section 239. Clark v. Sinks, 144 Mo. 448. While James S. and…
1Opinion of the CourtMarshall, J.
This is a motion, by the assignees of the right of the widow of Presley Pound to a child’s share in the personal estate, for an order of partial distribution. The probate court ordered the distribution. The executor appealed to the circuit court, where a like order was entered, and the executor appealed to this court.
The facts are these: On December 6, 1897, the will of Presley Pound, deceased, was admitted to probate. On December 22, 1897, the widow renounced the will and elected to take dower in the real estate and a child’s share in the personal property. The court allowed and the executor…
2Cases cited6 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- State ex rel. Ingram v. MortonSupreme Court of Missouri · 1853
- Morehouse v. WareSupreme Court of Missouri · 1883
- State ex rel. Kelley v. ThorntonSupreme Court of Missouri · 1874
- State ex rel. Fagan v. GrigsbySupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Peters v. BerkemeierMissouri Court of Appeals · 1908
- In Re Peper v. BellSupreme Court of Missouri · 1920
- Kiernan v. RobertsonMissouri Court of Appeals · 1906